AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD
I NA l\'H: OF SERVICE MEMBJ<:R  ( LAST,  FIRST MIDDLE  INITIAL)	GRAm:

AFSN/SSAN

AlC
RECORD REVIEW
ADDRESS AND OR ORGAIS!ZATION Of COllNSEL

No
x

MEMBER  SITTINC

ISSUES

A95.00

2  APPi JCATJON FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFICATION

COUNSEL'S RELEASE TO THE BOARD
ADDIT!ONAL EXHIBITS Sl;BMITTED AT TIME OF PERSONAL APPEARANCE
TAl'f. RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE

CASE NGMBER

17 Dec 2009

FD-2008 00559

APPLICANTS lSSUE A1'D TilE llOAlID'S DECISIONAL RATIONALE AR!l DISCUSSED ONTl1E ATTACHED AIR FORCE DISCHARGE REVlllW BOARD DECISIONAL RATIONALE.

Case heard in Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to suhmit an application to the A FBCMR.

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

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TO;	

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FROM;
SAF/MRJ3R	SF:CRETARY 0¥ TUI'; AIR FORCE PERSONNEL COUNCii.
AIR FORCE DISCHARGE; REVIEW BOARD
550 C STREET WEST, SUITE 40	151. 5 COMMAND DR, rn WING, JRD FLOOfl
RANDOLPH  AFR TX  78150'4742	AN llREWS AFB. MD 20762-7001	

,

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASt:NUMBER

FD-2008-00559	

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 req uests 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.

FlNDINGS:  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 did not contend that his discharge was inequitable; however, he requested that it be upgraded so that he may obtain Montgomery GI Bill benefits.

The record indicated the applicant received the following corrective action:

1.  On 16 Feb 05, the respondent recei.ved a Letter of Reprimand for an off-base DUI in England.
2.	On 11 Mar 05, the respondent received a Letter of Counseling for failing to properly inspect a tool box on an aircraft.
3.	On 13 Apr 07, the respondent received nonjudicial punishment  for violation of Art 134, lJMCJ, for wrongfully having sexual intercourse with a deployed active duty member's wife, who  he knew was married.

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on September 25, 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 th i s 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 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 dete1mines the discharge should remain unchanged.

Attachment: Examiner's Brief