AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVlC•:MEMBER {LAST, HRST MIDDLE INITIAL)

PERSONAL  APPEARANCE

GRADE

A1C

RECORD REVIEW

AFSN/SSAN

AllllRESS ANIJ OR ORGANIZATION OF COUNSEL

x

HON

GEN

UOTI!C	OTI lf.R	DENY

X*+ X*+ X*+
X*+

X*+

ISSUES	A95.00	lN!lJ:;X NUMBER
A93.1 I AOl.00

A67.10

3  LETTER OF NOTIFICATION
4   BRIEF OF l'ERSONNEL FILE COUNSEL'S RELEASE TO TIIE BOARD
ADDITIONAL EXlllBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING  DATE	CASE NUMBER

27 May 2010	FD-2008-00463

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 appl ication to the AFBCMR.

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

*Reason and Authority
+Reenlistment Code		

sn:Kt.!AK> OF THE AIR FORCE PERSONNEL COUNCIL FORCE DISCHARGE REVIEW BOARD
COJl!IMAl D DR, rr WING, lRIJ FLOOR	

AFHQ FORM  02077, JAN  00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

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

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.

FINDINGS:  The Board denies the upgrade of the discharge, change ofreason and authority for discharge, and change of 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.

ISSUES:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant does submit that he was having financial difficulties and has since paid his bills.  He has expressed a desire  to have his discharge upgraded so that he may be eligible to reenlist into the United States Air Force
Reserve.  The record indicates the applicant received five Letters of Reprimand, two Letters of Counseling and two Records of Individual Counseling.  His misconduct included failure to pay for a video game and repeatedly lied to his supervisor, wrote an insufficient funds check, failure to go (3x), neglected his daughter by failing to take her for medical appointments, making a false official statement, and failure to complete UPRG audit.   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 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 the applicant 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: Examiner's Brief