:i£1..	AIR FORCE DISCHARGE  REVIEW  BOARD HEARING  RECORD

NAME 0	ERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

TYPE GEN

AMN
l	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

-c_·o_uN-s'E-'L:"}'"""-'-! NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

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''
c.!
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MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

x x x x
x

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ISSUES

A94.05

INDEX NUMBER	A67.50

l!·lf':<c, ". i H!!l::J.iSSU@:1JJ!i,;\t2	!il;l; iilt·'+ ...	·•···.····
1	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

12 May 2004	FD-2004-00059
APPLICAfiT•s ISSUE..AND THE BOARD'S DECISIONAL RATIONALYUUflDISCOSSED  ON.THE ATTACHED AIR FORCE DISCHARGE!ut\l!EW BOARD DECISIONAL ltATfONJ\LE

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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

_S} NYf.f!:.	_c_q, I! ••• _ •••••••••••••••••••••••••••••• _ ••••••••/.t	k§tDl N•.'f.. ••••

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...·	DATE: 5/12,a004
TO:	FROM:

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

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	CASE NUMBER

FD-2004-00059	

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

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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh and he would like his GI Bill benefits. The records indicated the applicant received two Article 1Ss, a Vacation action under  the UCMJ and two Letters of Reprimand for  unauthorized use of a government computer,  financial irresponsibility, failure to pay is government credit card and for dereliction in the performance of his duties. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the 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. 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 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