AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAM IC OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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AIC

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TYPE  GEN

I	PERSONAL APPEA RANCE

x	I	RECORD  REVIEW

1- co_uTN" s_E_L_... NAME OF COUNSEi, ANll OR ORGANIZATION YES	I	No
I x
MEMBER SITTING

ADDRESS AND OR ORGANIZATION OF COUNSEL

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VOTE OF THE BOARD
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l lON	GEN	lJOTHC

OTHER

DENY

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ISSUES

A93.07 A94.05

INDEX NUMBER

A67.10

' EXHIBITS SUBMll'TED TO THE BOARD
ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		HRIEF OF PERSONNEL FILE COUNSEL'S R ELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIM E Of
PERSONAL  APPEARANCE

TAPE RECORDING Of PERSONAL A PPEARANCE HE

HEARING DATE	CASf NLIMBEK

1 1 Jan 2007	FD-2006-00088
APPLICANT'S l$StJllAND THI! adl\RD'S Ol1CISJONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AJR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard in Wash i ngton, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an appl ication to the AFBCMR

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

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•	• • •	INDORSEMENT	D	. .	DATE: 112412007
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TO:

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

FIWM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AJR FORCE JllSCllARGE REVIF;W BOARD
1535 COMMAND DR, EE WING,JHIJ FLOOR
ANIJHEWS AFB, MD Z076Z-7f)l)Z

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous ed ition wi ll be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00088	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 appl icant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE:

Issue 1. Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh.  He contends that he was having marital problems which affected his performance.  The records indicated the applicant received four Letters of Reprimand, and eight Records of Individual Counseling for misconduct.  The applicant was administratively discipl ined for insubordination, being late for duty on several occasions, dereliction of duty, failed quarters inspection, failure to meet uniform standards, wearing earrings, and failure to obey a medical waiver.  The ORB opined that through these administrati ve actions, the applicant had ample opportunities to change hi s negative behavior.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The characteri zation of the discharge received by the applicant was found to be appropriate.

Issue 2.  The applicant cited his desire to recei ve the G.I. Bill benefits as justification  for upgrade.  The ORB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on
October 29, 2001) 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 equitabl e basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief