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AF | DRB | CY2009 | FD2008-00240
Original file (FD2008-00240.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

GRADE AFSN/SSAN

AMN

 

 

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

TYPE GEN

 

 

  
 

 

x RECORD REVIEW

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBER SITTING

UREN Son oR

 

HON GEN UOTHC OTHER

 

 

 

 

 

 

 

 

 

DENY
xX
x
xX
xX
xX
ISSUES A92.35 INDEX NUMBER A67.90
A94.05 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
HEARING DATE CASE NUMBER
29 Jun 2009 FD-2008-00240

 

 

Case heard in Washington, D.C.

application to the AFBCMR.

TO:

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

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

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00240

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 to
exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge is denied.

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 1. Applicant contends discharge was inequitable because it was too harsh and it was based on two
isolated incidents within a 30-month period. The Board found the actions committed by the applicant
specifically: failure to perform specific duties and wrongful obtainment of government telephone services
(for which he received an Article 15 for both offenses), and finally, a failure to go his appointed place of
duty (resulting in vacation of his non-judicial punishment) demonstrate actions and individual characteristics
which are incompatible with good order and discipline in the Air Force. After thorough review of the
record, the Board found no evidence that would warrant an upgrade of the discharge and determined that the
discharge was appropriate.

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 signed a statement (DD Form 2366, on

February 18, 1997) 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.

CONCLUSIONS: 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 that 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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief

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