AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
PERSONAL APPEARANCE xX RECORD REVIEW
. NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
AFSN/SSAN
MEMBER SITTING GEN UOTHC OTHER DENY
xX
x
x
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x
x
ISSUES Ags INDEX NUMBER AG4.00 « EXHIBITS SUBMITTED.TO THE BOARD
A01.00 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
“TTAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
29 Apr 2010 FD-2008-00596
FFEOANT S NGUE ANU THE BOARD SUE
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ce ONAL RATIONALE ARE DISCUSSED ON THE A TIACHED AIR FORCE DISCHARGE REVIEW BOARD DECISION
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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.
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCHL
° aon AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1538 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) 7 Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00596
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 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 submitted no issues regarding the inequity or impropriety of his discharge. The applicant
admits that he made mistakes and has expressed a desire to have his discharge upgraded so that he may be
eligible to receive the G.I. Bill benefits. The record indicates the applicant received three Article 15s for
misconduct. His misconduct included dereliction of duty, making prohibited phone calls on an official
government telephone, and abuse of Government Travel Card. 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 performance. 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
DRB 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
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