AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MJOOLE INTTTAL)	GRADE	APSN/SSAN

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TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
;fq\nl!SEL	NAME OF COUNSEi, AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
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MEMBER SITTING

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IION	GEN	lJOTHC	OTHER	DENY

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ISSUES

A94.53

INDl£X NIJMBl£R

A67.10

_jj'•L" t>	, - J:!IJ,MfITED TO THE BOARD
1	ORDER APPOINTING TllE 130ARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFrCA TION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL  EXHIBITS  SUBMITTED AT TIME  OF PERSONA T, APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

llEARING DATE	CASl: NUMRl;R

OS Jun 2006	FD-2005-00407
APl'LICANT'S ISSU$ ANO THI »OARJ>'S.:fl§! ;  $£:.RATIONAL ARE 01$ClJ$$1!0 ON THI ATTACMIU> All.lil :DlSCl:Wl.O.E lUlVIEW BOARD DECISIONAL R1 iif"ll	.,'	1 .. . :it·
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.

X   Upgrade and Change RE Code

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DA1E: 8/2/2006
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TO:	FROM1
SAF/MRDR	SECRETARY m· THE AIR FORCE PERSONNEL 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 A•'8, 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-2005-00407	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable and Change RE Code.

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 the appl icant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:  Applicant received General discharge for Misconduct ·Minor Disciplinary  Infractions

The applicant submitted no issues of inequity or impropriety. The records indicate the applicant received two Letters of Reprimand and an Article 15 for misconduct. The misconduct included under·aged drinking, drunk and disorderly and driving under the influence (DUI). The board opined that through these administrative actions the applicant had ample opportunities to change his 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 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, on 17 August 2001) 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