AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD
"IA:vtE OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AFSN/SSAN

	-..
TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

- i: " :!'.i  S$Lc;·-_:-c   NAME OF COUNSEL AND OR ORGA NIZATION YES	No
x

ADDRESS A:'<lD OR ORGANlZA TIO OF COUNSEL

MEMBER SITTING

.

I	•

HON	GEN	UOTHC

OTHER	DENY
x x x
x x

ISSUES

A94.05

INDEX NUMBER

A67.JO

I	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 APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARIG  DATE	CASE NUMBER

10 Dec 2004	FD-2004-00304

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

,,---- - - - - ----- - - - - ----- - - - - ----- - - - - ----- - - - - ----- - - - - ----- - - - - ----- - - - - ----- - - - - ----- - - - - ----- - - - - ----- - - - - ----- - - - - -.,;-	,
:.	i

-----------------------------------------------------------
TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH  AFB, TX 781 50-4742

SECRETARY OF THE AIR FORCE PERSQ;.l;'llEL COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
1535 COMMAD DR, EE WING,  3RD FLOOR
ANDREWS AFB, MD 2076Z-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUl\.1BER

FD-2004-00304	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRE) 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.

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15, and five Letters of Reprimand for misconduct.	The DRE opined that through these administrative actions, t11e·11pplicant 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. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRE 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 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