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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

TYPE

GEN	I

PERSONAL  APPEARANCE	x RECORD REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANJZATION	ADDRESS AND OR ORGANJZATION OF COUNSEL
YES	NO
x

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VOTE OF THE BOARD
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MEMBERS   SITTING	HON	GEN	UOTHC	OTHER	DENY
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x x x
x
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ISSUES	INDl".X  NUMBER	.2   .    .EXlliBITS SUBMITUD TO THE BOARI>	•.:• :: JJ: J..: J:··
A92.37, A92.27	A67.30	1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
HEARING DATE	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
03-04-30	FD2002-0510	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMnTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
'J\fLlCANT'S ISSUE AND THE BOARD'S .DECISIONAL RATION.AL.	DISCUSSED ON THE ATTACHED AIR FORCE IllS<';HARGE REVIEW BOARD bl'.Cl$10NAL.RATIONA.LE.	;
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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.

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DATE: 03-0S-Ol

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lND()RstMENT	J
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FROM:

SAF/MIBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SU ITE 40	AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH  AFB, TX  78150-4742		1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS  AFB,  MD 20762-7002
AFHQ FORM 02077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0510	

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    denied.

The Board finds that neither the evidence of record nor 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, namely civilian conviction. Applicant and a civilian accomplice were both arrested for theft of credit cards belonging to another military member, and using those cards at at least six civilian businesses to purchase merchandise valued at about $2700.00. Applicant pJed guilty to the class C felony of "theft by receiving" and was sentenced to 3 years probation and to pay
$375.00 in court fees.   The maximum possible sentence was 3 to 10 years imprisonment  and up to a
$10,000.00 fine. Applicant now contends his discharge should be upgraded because his civi1ian conviction has been expunged, yet he provides no documentary evidence to substantiate that claim. After review of all of the documents, the Discharge Review Board concluded that the convening authority had the grounds on which to determine member should receive a general discharge. The board did not find any mitigation to warrant an upgrade at this time, and no inequity or impropriety was found in this discharge in the course of the records review.

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.

Inview 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