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AIR FORCE DISCHARGE REVIEW  BOARD HEARING  RECORD

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE  GEN	I	PERSONAL   APPEARA NCE	x	I	RECORD    REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZA TJON	ADDRESS AND OR ORGANIZA TJON OF COUNSEL
I   YES	No
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VOTE OF THEBOARD

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MEMBER    SITTING	HON	GEN	UOTHC     I	OTHER	DENY
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ISSUES	AOl.13	INDEX NUMBER	A67.09	EXHIBITS SJ)BMITJ;\t'(jTO THE )!OAiUl
A93.33	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
ADDIT!ONAL  EXH IBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING  OF PERSONAL  APPEARANCE

HEARING DATE	CASE NUMBER

18 May 2004	FD-2004-0007 4

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APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
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Case heard at Wash ington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an appl ication to the AFBCMR.
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JNDORSEMENT	l)TE'''5!,Z/i. .·.

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TO:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40
RANDOLPH  AFR  TX  781 50-4742

1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002
I

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

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-0007 4	

GENERAL:	The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  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 at this time.

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.

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.

ISSUE: The applicant submitted no issues and requested that the review be  completed  based  on  the available service record. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated applicant received a general characterization for minor disciplinary infractions.  During his 3 years and 2 months on active duty, he received four letters of reprimand, one letter of admonition, five letters or records of counseling, and numerous verbal counselings.  A record review revealed the possibility of two issues.

Issue 1. It appears from the record that there may have been a personality conflict between the applicant and his immediate supervisor.  The record indicated that six of the first seven disciplinary actions were taken against the respondent by his immediate supervisor.  Without more evidence, it was not possible to
determine whether the disciplinary actions were improperly motivated or if it was the appropriate response to a subordinate's repeated  misconduct.

Issue 2.  Applicant does intimate in his letter to the DRB that the quality of his service outweighed the negative aspects of his service caused by his misconduct and that, therefore, the record does not support this characterization.  The DRB found no merit to this contention.

Issue 3.  In his letter to the DRB, 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 DRB 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