AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE

AFSNISSAN

PERSONAL APPEARANCE	x	RECORD REVIEW
ADDRESS AND OR ORCANIZATION OFCOUNSEL

HON	GEN	UOTHC	OTHER

DENY

X+* X+* X+*
X+* X+*

A93.0l

A67.10

1  ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFICATION
4 BRIEFOF PERSONNEL FILE COUNSEL'S RELEASE TOTHE BOARD
ADDITIONAL EXHIBITSSUBMITIED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEAR.ING DATE	CASE NUMBER

19 Jul 2013

FD-2013-00372

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.

+Narrative  Reason
*Reenlistment Code

TO:

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

SECRETARY OFTHE AIR FORQ PERSONNEL COUNCIL
AIR FORCE DlSCHARGE REVIEW BOARD IS35 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB,MD io76:1-7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00372	

GENERAL:	The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

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:	Upgrade  of the discharge,  change of reason  and authority  for discharge,  and change of reenlistment code are 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:  The applicant was discharged with an under honorable conditions (general) discharge for minor disciplinary infractions. The applicant contends he should be entitled to his GI Bill because he served two tours overseas. He also wants his discharge upgraded because he wants to be able to join another branch of the military. The records indicated the applicant received an Article 15, two Letters of Reprimand, and a Letter of Counseling. His misconduct included underage consumption, incarcerated by civil authorities for two counts of writing fraudulent checks, failure to government travel card on time, failure to maintain proper insurance on personal vehicle, and failure to pay just debt to AAFES on two separate occasions. 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.

Although not specifically stated, applicant contends that he should not be penalized indefinitely for mistakes he made when he was young. The DRB recognized the applicant was 22 years of age when the discharge took place.  However, there is no evidence he was immature or did not know right from wrong.  The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.  The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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