AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD

NAMF. OF SERVICE MEMBER (LAST, FIRST M IDDLE INITIAL)

GRADE

AFSN/SSAN

AIC
X	RECORD  REVIEW

YES	No
x

ADDRESS AND OR ORGANl7.ATION OF COl!NS!:L

MEMBER SITTING
x x x x
x

ISSllES	A93.09	INDEX NUMRF.R

A67.J O

l	ORDER APPOINTfNG THE_B_O_AR D	_
2	APPLICATION  FOR REVIEW OF-DISCHARGE----
3	LETTER OF NOllfICATION	 	
4		BRIEF OF PERSONNEL FILE_·	, COUNSEL'S RELEASE TO TI IE BOARD
ADDITIONAL EXHIBITS SUBMITTED_A_T_T_IME OF---'
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASIC NUMBER

27 Dec 2005	FD-2005-00255
APPL!CA.NT'S ISSUE AND TflE BOARD'S DECISIONAL RATIONAL ARE DIS.CUSSED ON THE A1T,\(TIED AlR FORCE OlSCHARGE REYIEW BOAIID t\CISIONALRfi'tlpNALE

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 su bmit an appl ication to the A FBCMR.

Names and votes will be made available to the appl icant at the applicant's request.

TO:

..	>·	"   .: +;,,.	'' ' /I)\ , DA'f'l:i:'!;p127/20Q

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---i-FROM:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY!W THE AIR FORCE PERSONNICL COUNCIL
AJR FORCE DISCllARGE REVIEW BOARD 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS A ·a, MD 10762·7002

AFHQ  FORM  0-2077, JAN  00	(EF-V2)	Previous ed ition wil l be used

AIR FORCE DISCHARGE REVIEW BOARD UECISIONAL RATIONALE	CASE NUMBER

FD-2005-00255   ··	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Revi ew 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 to receive his GI Bill benefits. The records indicated the applicant received an Article  15 for  fleeing  apprehension  and  for damagi ng a taxi by kicki ng it. In addition, he received two Letters of  Reprimand  and  two  Letters  of Counseli ng for failure to go, failing his room inspection and for leaving his duty section without being released twice. 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 recei ve future educational entitlements. The Board was sympathetic to the impact the loss of these benefits was havi ng 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 authori ty and that the applicant was provided folIadministrative 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