AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE L ITIAL)	GRADE	AFSN/SSAN

AJ C
X	RECORD  REVIEW
ADDRESS AND OR 0RGANl1.ATION OF COUNSEL

x x x

ISSUES

A95.00 AO l.00

INDEX NUMBER

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER Of NOTIFICATION
4	. BRJEF OF
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE R.ECORrn NG OF PERSONAL APPEARANCE 1 IEARlNG

HEARING  IMTE	CASE NUMBER

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 submit an application to the A FBCM R.

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

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00596	

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

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

FINDING:  The Board denies the upgrade of the discharge.

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.

ISSUE:

Issue l . Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant admits that he made mistakes and has expressed a desire to have his discharge upgraded so that he may be eligible to receive the G.L Bill benefits. The record indicates the applicant received three Article 15s for misconduct. His misconduct included dereliction of duty, making prohibited phone calls on an official government telephone, and abuse of Government Travel Card. 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.

2.		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 that he understood he must receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the i mpact the	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: Examiner's Brief