AIR FORCE DISCHARGE REVIEW BOARD HEARING RECOR»
NAME OF SF:R\"ICE J\IEMBER (LAST, FIRST MIDDLE INITIAL)	GRAOf.	AFSN/SSAN

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COllNSEL	NAM Of COCNSF.L AND Ol< OR<;,\ Nl1.A TION	AJ)DRf.S<; AND OR ORGANl1.AllON Of COt:NSEI.
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MEMBER SITTING

HON	GEN	UOTHC

OTHER	DEN'

ISSUES

A93.09

IN[)()( NUMBER

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A67.10

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2	_ - i'_  ATION J'OR REVIEW OF DIS H-_AR C1_ (	_
3	LETTER OF NOTJFICATlON
4		BRIEF OF PERSONNEL FILE	 	 COUNSEL'S RELEASE TO THE BOARD ADDlTlONAL EXHIBITS SUl3MITTED AT TIME OF PERSONAL APPEARANCE
rAPE RECORDING OF PERSONAL APPEARANCE
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llHRING  llAH:	CAE NUMSf.R

08 Dec 2005	FD-2005-00167
APl'l!CANT'S lSSU£ AJ'ID 'mEJl(}'S riJ::CISlbNAL RATJONAJ. ARJ; DISCUSSED ON Tiffi AJ1'M'.l{ED AiR l'ORC!i DISCHARGE REVlEW llOARD()JiC(SloNAl RAT!ONl\l.E

Case heard at Washington, D.C.

Advise appl icant of the decision of the Board, the ri ght to a personal appearance with/without counsel, and the right to submit an appl ication to the AFBCMR

Names and votes w il l be made ava ilable to the applicant at the appl icant's request.

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RANDOLPH /\ 13, TX 78 l 5U-4742	ANDREWS   AFB.  MD 2076P002
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AFHQ FORM 0-2077, JAN 00	(EF-Y2)	Previous edition will be ust

AIR FORCE DISCHARGE R EVIEW BOARD DECIS IONAL RATIONALE	CASE NUMBER

FD-2005-00167	

GENERA L:  The appl icant appeals for upgrade of discharge to honorabl e.

The appl icant was offered a personal appearance before the Discharge Review Board (ORB) but decl ined to exercise this right.

The attached brief contains avai l able pertinent data on the appl icant and the factors lead ing 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.

ISS UE: Applicant does not contest his discharge. He states that he wants an upgrade in order to use his GI Bill benefits and to advance in his job. The records indicated the applicant received two Article 15s, a Vacation action under the UCMJ, one Letter of Reprimand, three Letters of Counseling, and three Records of Ind ivid ual Counseling for various acts of miscond uct to incl ude being late for duty on several occasions, speed i ng on Post, violation of dress and  appearance  standards,  failure  to properl y  perform  his  duties, negl igently failed to keep accountabi lity of rifles in his possession, failure to go, and maki ng false official statements on numerous occasions. The DRB opined that through these acl,mi nistrati vc actions, the appl icant had ample opportunities to change his negative behavior. The Board concluded the miscond uct was a significant departure from conduct expected of all mi litary 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. Bi ll 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 Di scharge 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