INITIAL)	GRADE

AMN		
	X	RECORD REVIEW	
		AllllRfSS AND OR 0RGANl7,ATION OF COUNSEL	

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME O•' SERVICE MEMBER (LAST, FIRST MIDDLE

	
		X*+	
				
				X*+	
				X*+	

MEMBER SITTING

j       1	ORDER APPOINTING THE BOARD	
• 2	APPLICATION 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	

arance with/without counsel, and the right to submit an

request.	

ISSUES

A95.00 AOl.00

INDEX NUMBER

A67. 10

Case heard in Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appe application to the AFBCMR.

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

*Reason and Authority
+Reenlistment  Code

SAF/MRnR
550 C STREET Wf':ST, SUTTE 40 RANDOLPH AFB, TX 78150·4742

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER
FD-2009.ooos7 . -	

GENERAL:	The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and authority for the discharge, and to change the reenlistment code.

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, change of reason and authority for discharge, and change of reenlistment code.

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 applicant expressed a desire to have his discharge upgraded so that he may be eligible to reenlist into the armed forces. The record indicates the applicant received an Article 15, a Vacation, four Letters of Reprimand, two Letters of Counseling and two Memorandums for Record for misconduct.  His misconduct included failure to report (4x), failure to obey an order (3x), underage drinking, dereliction in the performance of his duty, and being late for work.  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 perfomrnnce.  The Board reviewed the entire record and found no evidence of impropriety or inequity 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 ORB 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 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.

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