AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

PERSONAL  APPEARANCE

X	RECORD  REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGAN!ZATION OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x

ISSUES

A94.53

INDEX NUMBER

A49.00

x x x

EW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING  DATE

CASE NUMBER

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.

SIGNATURE OF	ORDER	71

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH  AFB,  TX  78150.4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD 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-2008-00234	

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 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:

Applicant submitted no issues of inequity or impropriety in her discharge and requested that the review be completed based on the available service record.  Instead, the applicant cited her desire to receive the G.I.  Bill benefits as justification for upgrade.  The DRB noted that the applicant was required to receive an honorable discharge in order to receive these benefits and failed to do so.  The Board was sympathetic to the impact the loss of these benefits was having on the appl icant but this is not a matter of inequity or impropriety which would warrant an upgrade.  The Board also noted that at the time of her discharge, the applicant had not completed the required three years of service needed to receive G.I. Bill benefits.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of the discharge.  Based on the number of administrative actions received by the applicant during her short time in the Air Force, discharge with a general service characterization was deemed appropriate.  The Board felt that the applicant was fortunate to receive Unsatisfactory Duty Performance as a reason for discharge, as opposed to Misconduct.

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