T	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
AlC	Jl l]]I I   P
TYPE  GEN	PERSONAL  APPEARANCE	x	RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZA T!ON OF COUNSEL
YES	No
x

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

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.
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   ,r---	-1-	--+	-----t	+-	-1
x x x x
x

ISSUES

A94.53

INDEX NUMBER

A67.90

l	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 AP,.,P,, _EARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

01 Dec 2004	FD-2004-00262

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.

·······-	----	----- ···....	---················

TO:

SAF/MRBR
550 C STREET WEST, SUI	40
RANDOLPH AFB, TX	0-4742

SECRETARY  OF THE AJll. FORCE PERSONNEL  COUNCIL AIR FORCE DISOJARGE  REVIEW  BOARD
1535 COMMAND DR, EE WING, JRD 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-2004-00262	

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 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 1. Applicant was discharged for conduct prejudicial to good order and discipline, and for failure to progress in on-the-job training. The records indicated the applicant received three Letters of Reprimand, three Records of Individual Counseling, and a Letter of Admonishment for misconduct. His infractions included multiple incidents of failure to go, being late to work, and disobeying a lawful order, assaulting his spouse, and being involved in a motor vehicle accident without automobile insurance. He also twice failed his Career Development Course examinations, and the unit commander noted that member had apparently intentionally failed as a means of effecting his separation from the military, and that even after counseled, member continued to "misbehave." The DRB opined that through the unit's many administrative actions, the applicant had ample opportunities to change his negative behavior but was unwilling or unable to do so. 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.L Bill benefits as justification for upgrade. 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.

Inview 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