IIARGE REVIEW BOARD HEARING RECORD

NITIAL)	GRADE

AlC
TYPE   GEN	_J	,_PERSON AL  APPEARANCE		x	RECORD   REVIEW
COUNSEL	NAME OF COUNSEL ANJJ OR ORGANl7.ATION	ADDRESS AND OR ORGANIZATION ot·COUNSEL
YES	No
x

--	·

ISSUES	A94.06

MEMBER SITTING

INDEX NUMllER

HON

GEN	UOTHC

OTHER

DENY
x x x x
x

l	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL  FILE COUNSEL'S  R ELEASE TO THE BOARD
ADDITIONAL  EXH IBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

14 Feb 2006	FD-2005-00331

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

TO:	FROM:
SAF/M RBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

' DATE: Z/1612006

SECRETARY OF THE AIR  l'ORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW JIOARD
1535 COMMAND DR, EE WING, 3RD l'LOOR ANDREWS AFJI, MD 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUM Bt;R

FD-2005-00331	

GENERAL:  The applicant appeals for u pgrade 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.

ISSUES:

Issue 1 . Applicant contends discharge was inequitable because he was discharged for failing the weight management program.  The records indicated the applicant received two Article 15s, three Letters of Reprimand, and one Record of Individual Counsel ing for misconduct.  The misconduct included failure to obey a lawful order, financial irresponsibil ity on divers occasions, and failure to progress in Phase I of the Weight Management Program. The ORB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board noted that failure to progress in the weight management program was one of several reasons leading up to the appl icant's discharge.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2.  The applicant cited his desire to receive the GJ. 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 whi ch 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