AI R FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

PERSONAL  APPEARANCE

X	RECORD  REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING
x x x x

ISSUES

A95.00 A93.11 AOl.00

INDEX NUMBER

A67.J O

FOR REVIEW OF DISCHARGE

F PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

Rt:ARING llATE	CASE NtlMBER

10 Mar 2010

FD-2009-00012

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 A FBCMR.

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

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

SECRETARY OF TIIE AIR FORCF. PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
!535 COMMAND DR, EE WINfi, 3RD FLOQH.
ANDREWS AFB, MD 26762-7001

AFHQ l<-01\1 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD UECJSIONAL RATIONALE	CASE NUMBER

FI>-2009-00012	

GENERAL: The applicant  appeals for upgrade of discharge to honorable. The applicant was offered a personal appearance before the Discharge Review Board (ORB) bui 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.

ISSUE: The applicant submitted no issues of inequity or impropriety. The record indicates the applicant received two Article 15s, one vacation action (of an Article 15), one Letter of Reprimand, and three Records of Individual Counseling. The overall majority of his misconduct was related to applicant's financial mismanagement. 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 (DD Form 2366, on August 28, l 996) that he understood he must receive an Honorable discharge to receive future educational entitlements. Based on a thorough review of applicant's medical and personnel records, the Board did not find 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 recei ved by the applicant was found to be appropriate.

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 d ischarge and dete1111i nes the discharge should remain unchanged.

Attachment: Examiner's Brief