AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

•	NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AB
PERSONAL  APPEARANCE	x ·	RECORD  REVIEW

YES	No
x

......._    ADDRESS AND OR ORGANIZATIO:'ll OF COU/\iSEL

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DENY

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x
x
x x

ISSUES

A94.53

INDEX NUMBER

A67.00

,	x

1	ORDER APPOINTING THE BOARD
2	APPLJCA TION FOR  REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUB;AJTTED AT TIME OF PERSONAL  APPEARANCE
'	TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE  NUMBER

15 Sep 2004	FD-2004-00216

Case heard at Wash ington, 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.

-----------------	------J____/.7.._ _ _ _ _ ,,..,/.,_ _ - -------/ _ _ _ _ _ _ _ _ _ _ _ _..-;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,.

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE \\-'ING, 3RD FLOOR Af'\DREWS AFB, MD 20762- 7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition 'r\1ill be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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

CASE NUMBER

FD-2004-00216

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 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.

ISSUES:

Issue I. Applicant was discharged for discreditable involvement with military or civilian authorities.  The records indicated the applicant received two Articles 15, five Letters of Reprimand, three Records of Individual Counseling and two Memorandums for Record for misconduct.  Her infractions included multiple missed appointments and failures to go, multiple incidents of dereliction of duty, and financial irresponsibility.  Additionally, she had I month and 4 days lost time due to civilian incarceration for off-base offenses.  The DRB opined that through these extensive administrative actions, the applicant had ample opportunities to change her negative behavior and was unwilling or unable to do so.  The Board concluded the miscond uct was a significant departure from conduct expected of all military members and the characterization of the discharge received by the applicant was appropriate.

Issue 2.  The applicant cited her desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on April 9, 1995) that she understood she 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 conC!udes 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