1 ·			AIR FORCE  DISCHARGE   REVIEW   BOARD  HEARING   RECORD
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TYPE   GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZA TJON OF COU NSEL YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x
x x
ISSUES	A93.09	INDEX NUMBER	A66.00	EXHIBITS SUBMITTED TO THE  BORD
1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL  FI LE COUNSEL'S RELEASE  TO THE  BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARJNG DATE	CASE NUMBER

04 Jan 2006	FD-2005-00207
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE AITACHED AIR FORCE DISctIARGEREVIEW BOARD DECISION.AL RATIONALE

Case heard at Washington, D.C.

Advise appl icant 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.

Jr.NATURE  OF·Rl:CORDER

ISIGF BOARD PREsltENT  ---

U''{V.,;MENT	i
TO:	FROM:

.,. ·

UATE: 1/4/2006

SAF/MRBR	-SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, JRD FLOOR

RANDOLPH  AFB, TX 78I 50-4742	ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00207	

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 merely states that he was having marital and finance issues at the time of his discharge and he would also like to use his GI Bill benefits. The records indicated the applicant received an Article 15 for wrongfully using marijuana on divers occasions. In addition, he also received two Letters of Reprimand, two Letters of Counseling, and  an Unfavorable Information File for dereliction of duty, failed to attend M-16 training twice, and failed to bring personal training gear to work as ordered. 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 (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