AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
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ADDRESS AND OR ORGANIZATION OF COUNSEL

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A94.00	A67.10

1 ORDER APPOINTING TIIE BOARD
2  APPUCATION 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

HEARING DATE	CASE NUMBER

04 Aug 2010	FD-2009-00133

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 AFBCMR.

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

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S•:CR>:TARY OF TUE AIR FORCE PEl!SONNEL COUNCIL AIR FORCE DISCHARGE REVIEW IJOARIJ
!S3S COMMAND DR, EE WING. JRD Fl.OOR

550 C STREET WES  ,   UITE 40
RANDOLPH AFB. TX 78150-4742

ANDRF.WS AFB, MD 2071-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2009-00133	

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 contends the action taken with regard to his discharge was unjust and of questionable legality because as a result he was required  to forfeit his education benefits which he had contributed to during the period of his enlistment. The applicant cited his desire for his G.L Bill benefits to be reinstated as justification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) 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