AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

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

AFSN/SSAN
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RECORD REVIEW

NAME OF COUNSf:L AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

X*+ X*+ X*+
X*+

ISSUES

AOl.00 A95.00

INDEX NUMBER

A67.10

ORDER APPOINTING THE BOARD
2	APPLICATlON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTJFICA TION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

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I	PERSONAL  APPEARANCE

TAPE RECORDf NG Of PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

29 Sep 2006	FD-2006-00062

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 applicant's request.

+Reenlistment  Code
*Reason and Authority

L	(.2	a

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

Sl':CRETARY  OF TllE AIR  FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
15JS COMMAND DR, EE WING, JRD YL00R
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-2006-00062	

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 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, change of reason and authority for discharge, and change of reenlistment code are denied.

The Board finds the applicant 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:

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. 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.

Applicant requests that the reason (minor disciplinary infractions) for his discharge and reenlistment (RE) code be changed.  Applicant did not submit rationale to support the requested changes.  Member received five Letters of Reprimand and three Letters of Counseling.  On 11 December 2002, member was caught cheating on a HAZMAT exam.  On 1 1 August 2003, he failed to account for a $5,000 Radio and failed to account for an M9 pistol the following day.  On 16 October 2003, member was late for work and on 29 Oct 03, member failed to wear BDU shirt under Gore-tex Jacket.  On 13 July 2004, member failed his room inspection, possessed unauthorized weapons in his dormitory room, and fell asleep on post.  The Discharge Review Board opined that the reason for discharge, Mi nor Disciplinary Infractions, was in accordance with
AFI 36-3208, paragraph 5.49, Minor Disciplinary Infractions. The Board concluded the reason and authority and the reenlistment code for the discharge received by the applicant was found to be appropriate.

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