AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

\ .    NAl\.fE OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE

AFSN/SSAN
f lll ,.

PERSONAL  APPEARANCE

X   RECORD REVIEW

OF COUNSEL ANl'l OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEi,

MEMBERS SITflNG

x x x

ISSUES
A94.05,A92.37, A94.S3

INDEX NUMBER
A67.30	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE

BEARING DATE
02-10..29

CASE NUMBER
FD2002--0156

3	LE'ITER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TUvlE OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Case heard at 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.

SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 31\D FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077,JAN 00	(EFN2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0156	

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  but  declined  to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an impropriety or inequity that would justify an upgrade of the discharge to honorable.

Issues. Applicant was discharged for misconduct, commission of a serious offense. Member was tried at General Court Martial for writing 16 bad checks totaling $8,930.00 to the 18th Services Squadron at Kadena AB, Japan. He pied guilty to and was found guilty of the charges. Applicant infers the discharge was inequitable because it was too harsh because it was so close to his normal expiration of term of service. Although not used as a basis for discharge, the record also reflects member was in two motor vehicle accidents, was driving recklessly with excessive speed on two occasions, left the scene of an accident, failed to maintain his motor vehicle insurance, had his driver's license  suspended three times, and ultimately revoked for 6 months. Member also had an Enlisted Performance Report rated an overall referral "2" that referenced conduct prejudicial to good order and discipline, lack of personal and professional initiative, and a fitness test failure. The Board concluded member's misconduct that resulted in his court martial conviction was an extremely significant departure from conduct expected of all military members, and not compatible with Air Force standards.  The Board could find no inequity or impropriety on which to suggest a basis to upgrade the discharge.

Applicant cited his desire to receive his G.I. Bill education benefits as justification for an upgrade.  While the Board was sympathetic to the impact of the loss of these benefits on applicant, this is not a matter of equity or propriety that warrants an upgrade.

CONCLUSIONS:   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 that 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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief