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

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TYi'•: GEN	I	PE RSONAL APPEARANCE	x	I	RECORD  REVIEW
CQIJN$Ef,.	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
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MEMBER SITTING
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HON	GEN	UOTl!C	OTHER	DENY
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ISSUES	A95.00	INDEX NUMBER	A67.1 0	EXHIBITS  SUE MlTTEJ) TO THE BOARD.
AOl.00	l ORDER APPOI NTING THE BOARD
2	APPLICATION  FOR REVI EW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE AOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING  OF PERSONAL APPEA RA NCE HE

HEARING  DATE	CASE  NUMBF:R

20 Feb 2007	FD-2006-00340
APPUCAN't'S ISSUE AND THll llOARD'S llllCISIONAl. MtlONAL ARE PISCUSSEDONTH!l A'ITACHEP AIR fORCll DlSCHAROa'REVlllW BOARD DECISIONAL kATIONAUl
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Case heard in Washi ngton, 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 will be made avai labl e to the applicant at the applicant's request.

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. .	.	fNDORSEMENT       ·	'"'	. · ·	DATE:    2/20/2007

TO:	FROM:
SAF/MRBR

SECRETARY OF THE AIR FORCE PKRSONNEL COllNCIL AIR FORCE DISCHAKGE RF.VIEW BOAR()

550 C STREET WEST, SUITE 40	1S3 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH  AFB, TX  78150-4742	ANDREWS AFB, MD 20762·700?

AFHQ FORM 0-2077, J AN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00340	

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:

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 26, 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.  The records indicated the applicant received nine Letters of Reprimand, four Letters of Counseling, and two Records of Individual Counseling for misconduct.  Applicant was administratively disciplined for financial irresponsi bility, failure to complete assigned duties, failures to obey lawful orders, failure to meet AF weight standards, and being disrespectful towards an NCO.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the mi sconduct 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.

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