AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRSI' MIDDLE INITIAL)

GRADE

PERSONAL APPEARANCE

x	RECORD REVIEW
ADDRESS A.    OR ORGANIZATION OPCOUNSEL

MEMBER SITIING

HON

GEN	UOTHC

OTHER

DENY
x• x• x•

ISSUES

A94.SS

INDEX NUMBER

A67.SO	•  I
1 ORDER APPOINTING TIIE BOARD
2 APPLICATION FOR REVJEW OF DISCHARGE
3  LETTER OF NOTlFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDmONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARAN CE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

H£ARJNC DATE	CASENUMBER

05 Feb 2014	FD-2013-00645

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 and Authority

TO:

SAF/MRBR
550 CSTREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SEC1tETARY OFTHf. AIR VORCE PERSONNEL COUNOL AIR FORCE DISOIARG E REVIEW BOARD
ISJS COMMAND DR, EE WL'IG, JRD fLDOR
ANDREWS AFB, MD 20762·7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00645	

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

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  request  for the  upgrade  of  the  discharge  and  to  change  the  reason  and  authority  for discharge is denied.

ISSUE:	Applicant received a General Discharge for A Pattern of Misconduct - Discreditable Involvement with Military or Civil Authorities

Applicant contends discharge was inequitable because he was not given the chance to rehabilitate IAW AFI 36-3208, paragraph 5.2.1.  The records indicated the applicant committed insurance fraud by making a false claim to USAA General Insurance Company and was arrested for driving under the influence. After a complete and thorough review of the records and the evidence submitted by the applicant, the Board found the applicant's contentions to have no merit.  IAW AFI 36-3208, paragraph 5.2.1 "Airman must be counseled formally concerning their deficiencies and given an opportunity to overcome them before the commander recommends discharge", however JAW AFI 36-3208, paragraph  5.1 "Airman who do not show potential for further service should be discharged."  The record shows that the applicant lied to authorities when he committed insurance fraud and only told the truth once he was caught.  Additionally, when he was arrested for DUI his BAC was registered at twice the legal limit.  The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members.	The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

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