Search Decisions

Decision Text

AF | DRB | CY2014 | FD-2014-00027
Original file (FD-2014-00027.rtf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIBW BOARD HEARING RECORD

 NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITL\L)
 GRADE    AFSN/SSAN

PERSONAL APPEARANCE
 X        RECORD REVIEW
ADDRESSAND OR ORGANIZATION OF COUNSEL

--· ... - - · --- - · · --         - -     · •• ...-- -- ·- - r -- :---,1'--:i; ,:---... •:....t-zr .•
 '        ,.       ... :... '.. ..  '·

 MEMBER SITIING
HON
GEN      UOTHC
OTHER    DENY
x x x
x
x


 ISSUES
A94.53
INDEX NUMBER
A67.90
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 NUMBU
27 Feb 2014      FD-2014-00027
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










TO:


SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742


SECRETARY OFTHC AIR FORCE PERSONNEL COUNOL AIR FORCE DISCHARGE REVIEW BOARD
ISlSCOMMAND DR,EE WING. JRD FLOOR
ANDREWS AFB. MD !0762-7001


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



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2014-00027

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.

ISSUE: Applicant received a General discharge for A Pattern of Misconduct - Conduct Prejudicial to Good Order and Discipline

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that he would like to be eligible to receive VA benefits. The record indicates the applicant received one Article 15 and two Letters of Reprimand. His misconduct included misuse of his government travel card, failed to pay government travel card and assaulted spouse. The Board 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.

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 30 May 2007, 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

Similar Decisions

  • AF | DRB | CY2013 | FD-2013-00220

    Original file (FD-2013-00220.rtf) Auto-classification: Denied

    lORDERAPPOINTINGTHEBOARDAPPLICATIONFORREVIEWOFDISCHARGE LETTER OFNOTIFICATION4 BRIEForPERSONNELFILE COUNSEL'SRELEASETO THEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONALAPPEARANCE TAPERECORDINGOF PERSONALAPPEARANCEHEARINGHEARING DATE CASENU!\:IBER12May2014 FD-2013-00220CaseheardinWashington,D.C.Adviseapplicantofthedecisionof theBoardandthe righttosubmitanapplicationtotheAFBCMR. TO•SAF/MRBR550CSTREET WEST,SUITE40 RANDOLPHAFB,TX78150-4742 SECRETARYOF THEAIRFORCEPERSONNELCOUNCIL...

  • AF | DRB | CY2013 | FD-2013-00465

    Original file (FD-2013-00465.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGE REVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLE INITIAL)GRADEAFSN/SSANTYPE GEN x I PERSONALAPPEARANCEI RECORD REVIEW fJ!. :k::: NAMEOFCOUNSELANDORORGANIZATION YES NoxADDRESSANDORORGANIZATIONOFCOUNSEL:_ .MEMBERSITTINGHON GENUOTHC OTHER DENY X*+ I I I IX*+ISSUES A94.05 INDEXNUMBER A67.10 1ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4...

  • AF | DRB | CY2010 | FD-2008-00596

    Original file (FD-2008-00596.pdf) Auto-classification: 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. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

  • AF | DRB | CY2010 | FD-2009-00025

    Original file (FD-2009-00025.pdf) Auto-classification: 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. Applicant submitted no issues regarding the inequity or impropriety of his/her discharge. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.

  • AF | DRB | CY2013 | FD-2013-00557_13

    Original file (FD-2013-00557_13.rtf) Auto-classification: Denied

    GENERAL:The applicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge. FINDING:TheBoard deniestheupgradeofthedischarge.ISSUE: ApplicantreceivedaGeneraldischargeforUnsatisfactoryPerformance-PersonalFinances (Primary)andMisconduct-MinorDisciplinary...

  • AF | DRB | CY2015 | FD-2014-00544

    Original file (FD-2014-00544.rtf) Auto-classification: Denied

    GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable,tochangethereasonandauthority forthedischarge,andtochangethereenlistmentcode.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactors leadingtothedischarge. FINDING: TheBoard request...

  • AF | DRB | CY2010 | FD-2010-00375

    Original file (FD-2010-00375.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW ' NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN uoTHC | OTHER DENY ISSUES A94.53 INDEX NUMBER A47.00 ee 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...

  • AF | DRB | CY2015 | FD-2015-00137

    Original file (FD-2015-00137.rtf) Auto-classification: Denied

    GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffered apersonal appearancebeforetheDischarge ReviewBoard (DRB)but declined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoard deniestheupgradeofthedischarge. ISSUE: TheapplicantreceivedaGeneraldischargeforMisconduct-MinorDisciplinaryInfractionsTheAirForceDischargeReviewBoard,under...

  • AF | DRB | CY2011 | FD-2009-00522

    Original file (FD-2009-00522.pdf) Auto-classification: Denied

    The Board finds evidence in the record to substantiate an impropriety that would justify a change of discharge. Applicant did provide evidence that he paid his government charge card in full on 27 January 2003. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.

  • AF | DRB | CY2015 | FD-2014-00574

    Original file (FD-2014-00574.rtf) Auto-classification: Denied

    GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffered apersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddenies theupgradeofthedischarge. ISSUE: Theapplicantreceived aGeneral...