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

AB
X	RECORD REVIEW
ADDRESS ANll OR ORGAN!ZAT!QN OF COUNSEL

x

MEMBER SITTING

ISSUES

A95.00 AOI.00

INDEX NUMDER

A67.10

1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DlSCHA RGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL RXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCf  1IEAIUNG

HEARING DATE	CASE    llMDER

29 Apr 2010	FD-2008-00415
!lSu:lNAltllATIONA\E. ,,,

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

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

SECIUrARY Of THE AIR FORCE PE!<SONN:L COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD Fl"OOR
ANDREWS AFB, MD 2076?-700!

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

AIR FORCE DISCHARGE REVIEW-BOARD DECISIONAL  RATlONALE	CASE NUMBER

FD-2008-00415	

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 and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING:  The Board denies the upgrade of the discharge.

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.

ISSlJE:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant does submit that he would like to have his discharge upgraded so that he could attend college.   The record indicates the applicant received two Article 15s, two Letters of Reprimand, and two Records of Individual Counseling for misconduct.  His misconduct included being late for work, failure to show for mandatory physical training (6x), failing dorm room inspections (2x), failure to go, violation of Liberty Card Program, failing to stay awake while on post and found sleeping on post.  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 reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

Issue 2.  The applicant cited his desire to receive the G.L Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement 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.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

Attachment: Exami ner1s Brief