AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

X	RECORD REVIEW

AFSN/SSAN

ADDRESS AND OR ORGANIZATION OF COUNSEL

00
x

MEMBER SITTING

HON

GEN

UOTHC

OTHER	DENY
x x x x
x

ISSUES

A94.54

INDEX NUMBER	A67.10 A66.00

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

OAall

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

i     25 Jun 2009
APPLl	·sU>SUl! AND nm BQARD'S

FD-2008-00198
NALRATIONALE  ARE DISCUSSED ON THE ATIACHEDAIRFOR;CE  DISCHAl!(1E REVIEW BOARD DECISIONAL RATIONALE.

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 will be made available to the applicant at the applicant's request.

 	

T	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNQL AIR FORCE DISCHARGE REVIEW 80ARD
1535 COMMAND DR. EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00198	

GENERAL:	The applicant  appeals for upgrade  of discharge to honorable,  to change the reason  for 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 for discharge and change the reenlistment code.

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:

Applicant submitted that he is ready to move on and put his past behind him. The record indicates the applicant received three Records oflndividual Counseling, a Letter of Reprimand and two Article 15s with a Vacation action. The misconduct included failing to complete leave authorization form, violation of dress and appearance, reporting late for duty, failure to follow directions, failure to pay debt (two occasions) and wrongful use of marijuana. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was proper and equitable.

The applicant states he would like his discharge upgraded to utilize G.I. Bill benefits.  The Board noted that when the applicant applied for these benefits, he signed a statement understanding that he must receive an Honorable discharge to receive any 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 characterization should not be changed.

Attachment: Examiner's Brief