AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECOR D
NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
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TYPE GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
COllNSIL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR OHGANIZATION  OF COUNSEL YES	No
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VO;'.J!E OF THE BOARD
MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY

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ISSUES	A92.15	INDEX NUMBER	A67.10	t	BlTS StlBMJ'ITED TO THE BOARD
A92.21	1	ORDER APPOINTING THE BOAR D
A92.0J	2	APPLICATION FOR REVIEW OF DISCHARGE
A94.05	3	LETTER OF NOTIFICATION
A92.05	4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO TH E BOARD ADDITIONAL EXIIll3ITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING OATE	CASE NUMBER

05 Jul 2006	FD-2005-00414
APPLICANT'S ISSUE AND n l'.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 wil l be made available to the appl icant at the appl icant's req uest.

* Reason and Authority
+ Reenlistment Code

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'	DATE! 7/1112006
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TO:	FROM:
SAF/MRBR	SECRETARV OF THE AIR  FORCE  PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOA RO

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, JRD J'J,OOR

RANDOLPH AFB, TX 78150-4742	ANDREWS At"IJ, MD 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NllMBER

FD-2005-00414	

GENERAL:  The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but decl ined 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, change of reason and authority for discharge, and change of reenlistment code are 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:

Issue 1. Although not explicitly stated, the applicant suggested that his misconduct was inequitable because it was too harsh.  The records indicated the applicant received an Article 15, three Letters of Reprimand, and one Letter of Counseling for misconduct.  He received an Article 15 for being derelict in the performance of his duties in that he negligently failed to update the mission monitoring card for timely alerting crew members and failure to complete the Tanker Task Force Mission; and was disrespectful towards a non­ commissioned officer.  He was reduced to the grade of airman, suspended forfeiture of $150.00 pay for two months and a reprimand.  He received three Letters of Reprimand for failure to report on two separate occasions and allowing three off-base visitors to be unescorted in dormitory room.  He also received a Letter of Counseling for being late for work on two occasions.  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.

Issue 2.  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 May 8, 2002) 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