AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

TYPE GEN

PERSONAL  APPEARANCE

AlC
x	RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZA TION'OF COUNSEL

MEMBER SITTING

HON	GEN

x
x

x

UOTHC

OTHER

DENY
x

x

ISSUES

A94.06

INDEX NUMBER

A67. 10

l	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
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

08 Dec 2005	FD-2005-00219

Case heard at Washington, 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.

SIGNATURE OF..-CORDER

TO:

FROM:

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 15l5 COMMAND DR, EE WING, lRD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00219	

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:  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 characterization inequitable.

ISSUE: Applicant does not contest his discharge. He states that he would like an upgrade in order to obtain his GI Bill benefits. The records indicated the applicant received an Article 15 for failure to go. He also received three Letters of Reprimand and two Records of Individual Counseling for various misconduct. The DRB noted that the reason for the discharge was for the Letter of Reprimand dated 8 Dec 99 for visiting inappropriate websites and failure to report for baggage duty. This incident was over a year since the last incident of misconduct (the Article 15). Since his discharge, the applicant has had significant post-service conduct, which the DRB opined showed that the misconduct while in the service was not indicative of the members conduct now. The Board does not condone the visiting of inappropriate websites; however, they also concluded the characterization of the discharge received by the applicant was found to be too harsh.

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