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GRADE	AFSN/SSAN

, NAME OF SERVJCE MEMBER (LAST, FJRST MJDDLE INJTJAL)

AMN

TYPE GEN

I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW

o:   <;Ql/NSEL     •     NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

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OTHER

DENY
x

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ISSUES

A94.05

INDEX NUMBER

A67.10

f;JiJ ·, 11f	;itJ !ttJl;t19'.fll,E; Q:	l1:1·.Si 1'.:'
1	ORDER APPOINTING THE BOARD
2	APPLICATJON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBM!TIED AT TIM E OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

29 Jul 2004	FD-2004-00151

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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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-2004-00151	

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.

The  Board  finds that  neither  the  evidence of record  nor that  provided  by  the  applicant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUES:

Issue I . Applicant inferred that discharge was too harsh because it was damaging to his reputation.  The records indicated the applicant received two Article  15s for viewing pornography on his government computer.  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.

Issue 2.  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, on July 5, 2000) 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	

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