AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

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AFSN/SSAN
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SRA

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TYPE GEN

YES	No
x

I	PERSONAL    APPEARANCE
NAME OF COUNSEL ANIJ OR ORGANIZATION

x	I	RECORD    REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER  SITTING	HON
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GEN

UOTHC

OTHER	DENY
x x x
x
x

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ISSUES

A92. 15 A92.01 A92.03 A94.05

INDEX NUMBER

A49.00
A67.IO	1	ORDER APPOINTING TIIE BOARD
2	APPLICATION FOR REVIEW 01' DISCHARGE
3	LETTER OF NOTil'ICATION
4		BRIEF 01' PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBM ITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NIJMUER

28 Jul 2006	FD-2005-00439

...•   .··

Case heard in 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 wi l l be made available to the applicant at the appl icant's request.

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TO:

SAF/MR13R
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THE AIR  FORCE  PERSONNEL  COUNCIL AIK FORCI: UISCHARGI: Rl:Vll:W  UOARU
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFU, MU 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-2005-00439	

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:

Issue 1. Although not explicitly stated the applicant contends his discharge was inequitable because it was too harsh and it wasn't explained to him that with good behavior he could have cleared his personnel file of the Letters of Counseling (LOC's) and Letters of Reprimand (LOR's).  The records indicated the applicant received three Letters of Reprimand and two Records oflndividual Counseling for misconduct.   The LOR's were administered for drug abuse, dereliction of duty, failure to go and violation of dress and appearance standards.  He also received two Records oflndividual Counseling for failure to obey a lawful order and being late for work.  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.  Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

Issue 3.  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
January  19, 2000) 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.

Ifhe can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board.  lf he should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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