AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OJ<' SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
:------------------------:

AI<'SN/SSAN
:--------------- i

''
TYPE  GEN

'''
I	PERSONAL     APPEARANCE

AJ C	:	:
x	I	RECORD    REVIEW

I .,Ailh!llJ JllSl!il. '-'. .'\. NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

VOTE OF THE .BOARD

MEMBER SITTING

-.

HON

GEN

UOTHC	OTHER

DENY

x x x
x
x

ISSUES

A94.05

INDEX NUMBER

A66.00

,   1 -+_o_RDE_R_A PP_O_IN_T_ I_N_G_"f_l_E BO_A RD	I
2	APPUCA TION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONA L EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

19 Sep 2006	FD-2006-00043
?.l\l'l>I»Wi\.NT'S ISSVE AND Tiii! BOARD'S DECISIONAt RATIONAt ARE DISCUSSED ON THE AlTACHl!O AIR fOllCll Dl$CliAR01i MVIEW BOARD DECISIONAL RATIONAtl'!

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 A FBCMR

Names and votes will be made available to the applicant at the applicant's req uest.

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' .,	, DO	•,MENT  . . .  .	Q,AJE:  912512006
i	;· <    ' ·'

TO:

SAF!MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY Ot' Tm; AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
I 535 COMMAND DR, EE WING, JRD 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-2006-00043	

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. Applicant contends discharge was inequitable because it was too harsh and was based on one isolated incident after 47 months of service.  The records indicated the applicant received an Article 15 for misconduct.  The Article 15 was for wrongful use of marijuana.  He was punished with a reduction in grade to airman first class.  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  September 30, 1994) that he understood he must recei ve 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