AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

NAME OF COUNSEL AND OR ORGANIZATION
1-------t
YES	No

x

AMN
X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OF THE BOARD

HON	GEN

UOTHC

OTHER	DENY

x x x

ISSUES

A95.00 AOl.00

INDEX NUMBER

A67.10

x x
EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLJCATION FOR REVIEW 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

17 Dec 2009

FD-2008-00544

APPLICANT'S ISSUll AND nm BOARD'S DECISIONAL RATIONALE ARE DISCUSSllD ON 11lE ATTACHED AJR FORCE DISCHARGE REVIEW llOARD 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 appl icant's request.

-

INDORSEMENT	DATE: 12122/2009

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-2008-00544	

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.

FINDINGS:  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.

ISSUE: The applicant submitted no issues of inequity or impropriety but requests upgrade of discharge so he can use his GI Bill. The record indicates the applicant received one Article 15 for underage drinking; four Letters of Reprimand for uniform violations, late for work and underage drinking; one Letter of Counseling for uniform violations, and one Record of Individual Counseling for lateness to work. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The DRB noted that when the applicant applied for his GI Bill benefits, he signed a statement (DD Form 2366, on March 10, 2003) 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. The Board concluded the 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.

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