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    APPEARANCE	x	I	RECORD    REVIEW

,		c o_u"TN"_SE_L__, NAME OF COUNSEL AND OR ORGANIZ.A TION YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

VOTE OF THE BOARD

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MEMBER SITTING

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GEN

UOTHC

OTHER

DENY

x x x
x
x

'----------------------------- - ---	EXHIBITS SUBMITTEJ> TO;THE BOARD

ISSUES

A94.05

IN  EX NUMBER

A67.90

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR  REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BR IEF OF PERSONNEL FILE COUNSEL'S  R ELEASE TO THE BOARD
ADDITIONAL  EXHIBITS SUBMITTED AT TIM E OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

24 Aug 2004	FD-2004-00169
APPLICANT'S ISSUE AND THE BOARD'S DECISJONAL RATIONAL ARE DISCUSSED ON THE AITACHED AlR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/wit\Qut 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 COJ\IJ\IAND 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-2004-00169	

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: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received two Article l 5s, two Letters of Reprimand, two Letters of Counseling, and one Record of Individual Counseling for misconduct to include numerous late for duty incidents and misuse of his driver's license. 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 applicant also 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 December 13, 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. The characterization of the discharge received by the applicant was found to be appropriate.

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