AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

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TYPE   GEN	x	I

PERSONAL APPEAR4.NCE

I	RECORD    REVIEW

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DENY

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ISSUES

A94.06 A92.22

INDEX NUMBER

A67.10	. • ;.·    ..,·
1	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 PERSOi\'AL APPEARANCE
TAPE RECORDING OF PERSONAL APPEAR.A.NCE

Ht:ARING DATE	CASE NUMBER

09 Nov 2004	FD-2004-00344	I

Case heard at Washington, D.C.

Advise applicant of the decision of the Board .

............................- .....................................................................................r	1

TO;

SAF/MRBR
550 C STREET \VEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THE AIR  FORCE  PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMl<\..  D DR, EE WING, JRD FLOOR A'lDREWS AJ•B, MD 20762-7002

AFHQ FORM 0-2077, J"I 00	(EF-V2)	Previous edition \.vi11 be used

AIR FORCE DISCHARGE  REVIE\V BOARD DECISIONAL RATIONALE	CAS E :'lllll\-IBER

FD-2004-00344	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.
The applicant appeared before the Discharge Review Board (DRB) with counci 1, 117[ 5 HlJ 3 , of the American Legion, on 9 November 2004.

The applicant submitted the following additional documents:
Exhibit 6: Character Letter, 25 Oct 04, from.	!lllllP'lllltrP 1	mzrrnm •••. ::7 7      I'
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  The Board grants the requested relief.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon  the  record  and  evidence provided by applicant, the Board finds the applicant's discharge inequitable.

ISSUE:

Issue 1. Applicant contends discharge was inequitable because it was based on one isolated inciden t and too harsh.  The records indicated the applicant received an Article 15, one Letter of Reprimand, and one Memorandum for Record for misconduct.

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance  as documented by his performance reports, letters ofrecommendation  and other accomplishments.   The Board concluded the discharge was inequitable for the reasons which were the basis for this case.

Issue 3.  The applicant 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 September 7, 1996) 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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief