AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAM E OF SERVICE M.EMBER  (LAST, FIRST MIDDLE  INJTIAL)

GRADE	AFSN/SSAN

PERSONAL  APPEARANCE	X  RECORD REVIEW

NAME o ·COUNSEL AND OR ORGANIZATION

ADDRF.SS AND OR ORGANIZATION  OF COUNSEL

x

MEMBERS SITTING

ISSUES	INDEX NUMBER

x

. xm

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UOTHC	OTHER
x x

x x

A93.09, A93.l l, A94.05	A47.00

l ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE

CASE NUMBER

4	BRIEF OF PERSONNEL FILE

03-01-10

FD2002-0235	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

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Case heard at Washington, D.C.

Advise applicant of the decision of the Board and 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

AFHQ FORM 0-2077, JAN 00

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002
(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

	

GENERAL: The applicant appeals for upgrade of discharge to general, under honorable conditions.

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

l11e 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 nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for commission of a serious offense, and received an under other than honorable conditions characterization of service. Member received an Article 15 for wrongful use of his government travel card for personal purposes, and failure to pay the resulting debt of over $7,400.00. Applicant now contends he misused the card due to some deaths in his family and the necessity to travel home from overseas, and assist with the funeral expenses. He further states after telling his supervisor he didn't have the money to get home, his supervisor gave him no guidance. At the time of the Article 15, member stated the main reason he misused the card was due to his wife becoming unemployed and they needed the money to live on, in addition to the deaths in his family occurring. At the time of the discharge member submitted an unconditional waiver of his right to a board hearing. The board noted member had several Enlisted Performance Reports from the period of enlistment under review as well as a previous one, that were referrals due to repeated financial irresponsibility that predated the incident for which he received the Article 15. Member was age 18 to 23 when his misconduct occurred, essentially the same age as other airmen who complete their enlistments without disciplinary infractions, and there was no evidence he did not know right from wrong. Member had ample opportunity to change his negative behavior and was either unwilling or unable to do so. Therefore, the Board found the record supports the characterization of service received.

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