AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE PERSONAL APPEARANCE xX RECORD REVIEW
_ COUNSEL - "| NAME OF COUNSEL ANDORORGANIZATION ~ ADDRESS AND OR ORGANIZATION OF COUNSEL .
MEMERER SIFTING
VOTE OF THE BOARD
GEN 7
HON UOTHC ‘OTHE R DENY
issuRS K95.00 INDEX NUMBER A67.90
‘EXHIBITS SUBMITTED TO THE BOARD:
piel ie | -
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE __
LETTER OF NOTIFICATION
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
17 Dec 2009
FD-2008-00559
Case heard in Washington, D.C.
application to the AFBCMR.
~ nT ORSEMENT:
TO:
SAF/MRBR
§50 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
AFHQ FORM 0-2077, JAN 00
FROM:
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
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.
(EF-V2)
a
)
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ALR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00559
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 bricf contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: 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 did not contend that his discharge was inequitable; however, he requested that it be
upgraded so that he may obtain Montgomery GI Bill benefits.
The record indicated the applicant received the following corrective action:
. On 16 Feb 05, the respondent received a Letter of Reprimand for an off-base DUT in England.
. On 11 Mar 05, the respondent received a Letter of Counseling for failing to properly inspect a
tool box on an aircraft.
On 13 Apr 07, the respondent received nonjudicial punishment for violation of Art 134, UMCJ,
for wrongfully having sexual intercourse with a deployed active duty member’s wife, who he
knew was married.
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 September 25,
2003) 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 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
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