AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN

PERSONAL  APPEARANCE	X    RECORD REVIEW

YES	NO
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION Ot' COUNSEi.

MEMBERS SITTING

HON	GEN

VQTEOl[:rHE  BOARD

UOTHC

OTHER

DENY
x x x
x
x

ISSUES
A92.01, A94.05

llEAR1NG DATE
19 FEB 03

INDEX NUMBER
A67.30

CASE NUMBER
FD2002-0455

EXHIBITS.SUBMITTED TO 'tHE BOARD
1	ORDER APPOINTING THE BOARD
. 2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO TIIE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
AI'l'Ll!';A:l'l'l''S ISSUE AND.TH6. 0ARD'S DECISIONAL.RATIONAL ARE DISCUSSED ON TilE ATIACHED AIR FORCE DISCHARGE REVIF.W BOARD DEClSlONAL Rl\TIONALE.

REMARKS
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, 3RD FLOOR
ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	
FD02·0455	

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 to exercise this right.

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

FINDINGS: Upgrade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or impropriety, which would justify a change of discharge.

ISSUE:  The applicant believes his discharge is inequitable because it was based on one isolated incident in 51 months of service.  The records indicated the applicant received a General Discharge for Misconduct - Commission of a Serious Offense after being found guilty by a Special Court Martial for wrongfolly using a credit card that was not his.  The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other information contained in the records.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.
The Board concluded the misconduct was a significant departure from the conduct expected of all military members.  The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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 foll administrative due process.

In view of the foregoing findings the board farther 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