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I	. ...	-- -- -	fl A RG E REVIEW BOAR O HV •DJ«- n v	'
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;JTIAL)

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TYPE  GEN	I	PERSONA L APPEARA NCE	x	I	RECORD  REVIEW
COI[Ns;E;L	NAME   OF COUNSEL   AND  OR   ORGA NIZATION	ADDRESS ;1,.r-,·[) OR ORGA NIZATION OF COllNSEL
YES	No

.

x
-	·-
-	VOTE OF TllE BOARD

MEMBER SITTING

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HON	GEN	UOTHC	OTHER	DENY
- -
x
x x
x x
ISSUES	A93.09	INDEX    ll.'\Hlt.K	A67.90	EXIIU!ITS Sl.JIJMJJTED TO THE BOARD
I	ORDER APPOJNTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4		BRIEF OF PERSONNEL  FI LE COUNSEL·s  RELEASE  TO TH E BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIM E OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEA RIJ\'G DATE	CASE  NlllBF.R

28 Ju l 2005	FD-2005-00074
Al'PtlCANrs ISSUE AND TI-£E BOARD'S DECISIONAL RATIONAL ..\RE DlSCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BO.ARP DECISIONAL RATIONALE
.·
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.

Names and votes will be mad e avai lable to the appl icant at the applicant's request

.··	..

.	.	-  "  -   -  ,-	INDORSEMENT	.	-

DATE:  811120.05

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TO:	f<"ROM:
SAFIMRBR	SECRETARY OF THE AIR FORCE PERSONNEL COIJl'iCIL
AIR FORCE DISCHARGE  REVJEW  BOARD
550 C STREET WEST.  SUITE 40	1535 COM'.\1AND DR, EE Wl]';G, 3RD FLOOR
RANDOLPH  AFB. TX  78150-4742	ANDREWS AFB, MD 20762- 7002

AFHQ FORM 0-2077, JAN 00	(EF-V 2)	Previous edition \"ii'ill be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nlll\-1BER

FD-2005-00074	

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 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 states that he would like an upgrade in order to use his VA benefits and GI Bill.  The records indicated the applicant received an Article 15 for DWI.  He also received two Letters of Reprimand for financial irresponsibility and a second offense of driving under the influence of alcohol.  The DRB opined that through these administrative actions, the applicant 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 DRB noted that when the applicant applied for these benefits, he signed a statement that he understood he must receive an Honorable discharge to recei ve 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 i mpropriety which would warrant an upgrade.  If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board.  Ifhe should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post-service accomplishments  as well as any contributions to the  community.

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