AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

AMN	.._..

X	RECORD REVIEW

YES	No
x

ADDRESS AND OR ORGAr-.lZATI0:--1 OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC	OTHER

DENY
x x x
x

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ISSUES

A94.05

INDEX NUMBER

A67.IO

I	••uuR APPOfNTING THE BOARD
2	APPLICATION  FOR  REVIEW  OF DISCHARGE
3	.ETTER OF NOTIFICATION
4	UEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEllRJNG DATE	CASE NUMBER

10 Dec 2004

FD-2004-00343

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 781504742

SECRETARY OF THE AIR FORCE PERSON!'llEL COll CIL
AJ.R 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 !\'UMBER

FD-2004-00343	

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.

ISSUE: Applicant does not contest her discharge.  She wants an upgrade in order to use the GI Bill.	The records indicated the appli<:ant received an Article 15, a Vacation action under the UCMJ, three Letters of Reprimand, one Letter of Counseling, and two Memorandums for Record for misconduct. The DRB opined that through these administrative actions, the applicant had ample opportunities to change her 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 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) 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 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