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AF | DRB | CY2010 | FD-2010-00314
Original file (FD-2010-00314.pdf) Auto-classification: Denied

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00314

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: The Applicant received a General discharge for Misconduct, Minor Disciplinary Infractions.
Although not explicitly stated, applicant contends that he should not be penalized indefinitely for mistakes
he made when he was young and immature. The applicant cited his desire to receive the G.I. Bill benefits as
justification for upgrade. The record indicates the applicant received an Article 15, seven Letters of
Reprimand, and a Letter of Counseling for misconduct. His misconduct included failure to report (3x),
failure to go (3x), absent from duty without authority for seven days, failed to obey order 2 (x), and sleep on
duty. 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 DRB noted that when the applicant applied for these benefits, he signed a
statement DD Form 2366; on October 10, 2010 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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