AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
-
llTIAL)	GRADE

TYPE GEN

AB
I	PERSONAL  APPEARANCE	x	I

RECORD  REVIEW

COUNSEL:	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
x
L	VOTE OF THE BOARD
MEMBER SITTING	•'	HON	GEN	UOTHC	OTHER	DENY
-·
x
:·
"	x
f-
x
f-
x
r-
x
ISSUES	A93.09	INDEX NUMBER	A66.00	EXHIBITS SUBMITTED TO THE BOARD
I	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCH ARG E
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

04 Jan 2006	FD-2005-00236
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 req uest.

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INDORSEMENT	DATE:  114/2006
TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSON NEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH  AFB, TX 78150-4742	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-2005-00236	

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 just wants the GI Bill. The records  indicated the applicant received an Article 15 for wrongfully using marijuana on divers occasions. 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