AIR FORCE DISCHARGE REVIEW BOARD.HEARING RECORD

••••

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
AB	.j	II
 TYPE    GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
.·..   .CP\lJi!iEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANI:ZA TION OF COUNSEL
YES	No •
x
VOTE OFTHE,BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
x
x
I
x x x
ISSUES	A93.09	INDEX NUMBER	A66.00	EXIIIBITS SUBlVUTTI!}]) TO Tl:I BOARD    ·•   ·.
I	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICA Tl ON
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
;)
ADDITIONAL EXHIBJTS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

i

27 Apr 2005

FD-2004-00445

APPUCAN:J".S ISSUE AND 1l!E l!OARD'S PECISIONAJ..RATION;\L .ARE plSCUSSED ON THE ATTACHED AJR FORCE DISCHA!lGE REYIF:W BOARD DJ;CISIONAL llAT!ONALIS

Case heard at Washi ngton, 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

Names and votes will be made available to the applicant at the applicant's request.

I

i	,.,

INDORSEMENT	DATE: 4127/2005
TO:	FROM:

SAF/MRBR

SECRETARY Of THE AIR FORCE PERSONNEL COUNCl.t
AIR FORCE DISCHARGE  REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JRD  FtOOR
RANDOLPH  AFB, TX 781 50-4742	ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition  wi ll be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00445	

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  nd the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE: Applicant does not contest his discharge. He merely states that he wants to receive the GI Bill. The records indicated the applicant received a Special Court Martial for wTongfully using marijuana. 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 DRB 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