AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

, r NAME OF SERVICE MEBER (LAST, FIRST MIDDLE INITIAL)
rt	m nm su r11nnr11 a
TYPE GEN	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

GRADE	AFSN/SSAN
AlC	7	I
x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

YES	No
x

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

x x
x
x

' -- ···········	x

ISSUES

A94.53

INDEX NUMBER

A67.90

l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHJBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  DATE	CASE NUMBER

15 Apr 2004	FD-2003-00512

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

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SECRETARY  OF THE AIR FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL: The applicant appeals for upgrade of discharge to honorable.

CASE NUMBER

FD-2003-005 12

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUES:

Issue 1. Applicant was discharged for conduct prejudicial to good order and discipline.  The records indicated the applicant received an Article 15, vacation of suspended punishment, eight Letters of Reprimand, two Letters of Counseling, one Record of Individual Counseling, two Memorandums for Record, and had an Unfavorable Information File for misconduct.  His infractions included numerous incidents of dereliction of duty, being late for work, and financial irresponsibility.  At the time of the
discharge, member consulted counsel and waived his right to submit statements in his own behalf.  The DRB opined that through the unit's many administrative actions, the applicant had ample opportunities to change his negative behavior.  His commander stated in fact that "despite our efforts, we continue to see a markedly unacceptable decline in his behavior, both on and off duty." The Board thus concluded the misconduct was
a significant departure from conduct expected of all military members and the characterization of the discharge received by the applicant was appropriate.

Issue 2. The applicant cited his desire to receive the G.I. Bill benefits asjustification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on June 7, 1999) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief