AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

X	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEi.

x

x
x

lSSl'ES

A94.53

INDEX NUMBER

x
x
A67.10

2  APPLJCA TION 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 HEARfNG

HEARING DATE	CASE  NIJMlmR

25 May 2010	FD-2009-00050

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 avai lable to the applicant at the applicant's request.

SAF/MRHR
550 C STREET WEST, SUITE 40 RANDOLPH AF13, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR t'ORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EF: WING. 3Rl> FLOOR ANDREWS AFB, Mil '1071•?·7001

AFHQ FORM 0-2077, J AN 00	(Efl-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00050	

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.

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:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The record indicates the applicant received an Article l Ss and two Letters of Reprimand for misconduct. His misconduct included underage drinking, driving under the influence of alcohol, possession of a false driver's license, driving under revocation, failure to go and consuming alcohol while on duty. The Board opined that through these administrative actions, the applicant had anlple 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 ineq uity to warrant an upgrade of the discharge.

Issue 2. 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 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 appl icant, 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 foll 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