AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

PERSONAL APPEARANCE	x	RECORD  REVIEW

YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

----------------------------------------

HON	GEN	UOTHC	OTHER

DENY
x x x x
x

ISSUES

A94.05

INDEX NUMBER

A61.00

F . ,, '	US·:ti\\:11	!fJl!l.J!07''
I	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 EXHIBITS  SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING  OF PERSONAL  APPEARANCE

HEARING DATE	CASE NUMBER.

	FD-2004-00002

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

------------------------------------------------------------------------------------------------------------------	·- :

.

;.--------1
...

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

',:,:;::,::,;:.·.-::ii,i..ji{	h	.
SECRETARY OF THE AIR JiORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
l5J.5 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	CASE NUMBER

FD-2004-00002	

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority for the discharge, and, to change the reenlistment code.

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, change  of reason and authority for discharge, and change of reenlistment code are) denied.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received a General discharge because of a civilian conviction for robbery and assault. The DRB opined that this misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate. Applicant states that his discharge did not take. into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366,) 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