AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MIDDU:  I NITIAL)	GRADE

SRA	AFSN/SSAN	
	PERSONAL  APPEARANCE	x	RECORD  REVIEW	
	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL	

MEMBER SITTING

X*

X* X* X*
X*

ISSUES

A95.00
AOl.00 A94.05

INDEX NUMBER

At 3.00

ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITI   NAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE

CASE NUMBER

02 Nov 2006

FD-2006-00025

RATIONALE

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 appl icant at the applicant's request.

SIGNATU  E OF RECORDER

* Reason and Authority

DATE: U/1312006

To,

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH  A FB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW  BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, 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-2006-00025	

GENERAL:  The applicant appeals to change the reason and authority for his discharge.

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:  Request for change of reason and authority for 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. Applicant requests that the reason (Weight and Body Fat Management Program Failure) for his discharge be changed to "For the Convenience of the Government."  Applicant contends his discharge was unjust.  He admits that he was slightly overweight; however, it did not affect his performance of duties.  He further contends that the Air Force changed its policy after his discharge.  The DRB took note of the applicant's contention and determined the new policy was not retroactive; therefore it was not a matter of inequity or impropriety which would warrant an upgrade.  The DRB opined that the reason for discharge was Weight and Body Fat Management Program Failure which is in accordance with AFI 36-3208,
paragraph 5.65, Failure to Progress in the Weight and Body Fat Management Program.  An involuntary discharge for the Convenience of the Government would only be appropriate when discharge would serve the best interests of the Air Force and the discharge for cause is not warranted.  The Board concluded the reason for 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
October 2, 2000) that he understood he must receive an Honorable discharge and complete 36 months of active duty 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