AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

·

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
i--------------------	---------------.
'	'	AMN	''	''

x

'	'	'----------------'
TYPE GEN	I	PERSONAL  APPEARANCE	I	RECORD  REVIEW
cq1JNSIL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
x

MEMBER SITTING

' ' '

VOTE OF THE BOARD	" ...,.,·'" v:C\
HON	GEN	UOTHC	OTHER	DENY

-' ----------------------------------- .'	x

'

'''	'
'
'	'
''	''	x
-:'	''
''	''	x

:

'

--''	''
''	''	x

:

'

--''	''
'	'
'	'	x

'

'   ----------------------------------- '

ISSUES	A94.05	INDEX  NUMBER	A67. 10

EXHIBITS SUBMITTED TO THE
1	ORDER APPOINTING THE BOARD

BOARD

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER Of NOTI FICATION
4	BRlEf Of PERSONNEL FILE COUNSEL'S RELEASE TO Tl IE HOARD
ADDITIONAL EXllTBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDI NG OF PERSONAL APPEARANCE HE

HEARING DATE;	CASE NUMBER

29 Mar 2007	FD-2006-00385
APPl.ICANT'S}Sl\Ul!AND Tl'lll llOARD'S DECISIONAi, RATIONAL ARE DISCIJSSED ON THE ATl'ACHllD AIR mRCll DlSCHARdE RllVIBW aoAAt> DECISIONAL RATIONAtll
::,A<	.l.o·..c,.·. .	<\  <	'./,  /
Case heard in Washi 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 subm it an application to the AFBCM R.

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

'

..·.-------------------------------------- -------·····················

'

'

'''	'
'

:

' --	1	·-	-	·'
/\f;ftJ!\'	'Pili°' h	INDORSEMENT	' . •·   .	DATE:  4/18/2007
''> "'''' <
T01	FROM1

SAF/MRBR

SECRETARY  OF THE AIR FORCE PERSONNt;1,  COUNCIL
AIR FORCE DISCHARGE  REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND   DR,  EE  WING, JRD  FLOOR
RANDOLPH AFB, TX 78150-4742	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-2006-00385	

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.  The records indicated the applicant received an Article 15, three Letters of Reprimand, a Letter of Counseling, two Records of Individual Counseling and one Memorandum for Record for misconduct.  The applicant received an Article 15 for failing to maintain his dorm room in satisfactory condition.  He was punished with a reduction in grade to Airman.  He was administrativel y disciplined for failing dorm room inspections, failing to maintain
proper standards of personal hygiene and cleanliness, failure to go, and operating a vehicle without insurance or current registration.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the applicant's 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.J. Bi ll 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 8, 1989) 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 equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief