AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

x	'  PERSONAL APPEARANCE

AlC

RECORD REVIEW

117111 SL

NAME OF COUNSEL AND OR 011.GANIZA.UON
,)

ADDRESS AlSI> OR ORGANIZATION OF COlJNSEL

MEMBER SITTING
-----------------------------------

.	.
---------------------------------------

HON	GEN	UOTHC

OTHER

DENY
x x x x
x

ISSU&S

A93.11 A93.01
A93.07

INDEX N\JMBEll

A47.00

1	ORDER APPOINTING THE BOARD.
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHffiITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEA.RING DATE	CASE NUMBER

·20 Feb 2004	FD-2003-00301

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.

)/!:) J.A	..l'J •./._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _     _ _ i

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TO:

SAF/MRBR
550 C,STREET WE T  UITE 40
RANDOLPH AFB,	78150-4742

FROM:

SECRETARY OFTHE AlR FORCE l'EllSONNEL COUNCll. AJRIDRCE DISCHARGE 11.Evttw BOARD
153& COMMAND DR. U WING, 3RD FLOOR
ANDREWS AFB. MD 207U.700Z

AFHQ FORM 0-2077,JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00301	

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 b.P.ef 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 dishonorable failure to pay just debts.  The records indicate applicant received an Article 15, a vacation of suspended punishment, two Letters of Reprimand, a Letter of Counseling, had an Unfavorable Information File, was placed on the Control Roster twice, and was subject of various delinquency notices, Memorandums for Record, and an arrest warrant for financial misconduct. During a 2-year period, member wrote numerous worthless checks to various civilian businesses, and refused to pay rent owed to his landlady.  Member was sent to the 9ase Personal Financial Management Program counseling offered but failed to make positive adjustments in his financial situation as a result.
Applicant notes he was young and newly married with a baby, and his wife was having trouble adjusting to military life.  She was unable to work due to a social phobia, and eventually the couple filed for bankruptcy.	

While the Board recognized that applicant's marital and family problems may have had a bearing on his financial difficulties, the Board did not find these factors to be sufficient mitigation or extenuation to warrant an upgrade of his discharge.  The DRB opined that through the unit's administrative actions, the applicant had several. opportunities to change his negative behavior.  The Board concluded the misconduct was a departure from conduct expected of all military members and the characterization of the discharge received by the applicant was appropriate.

Applicant noted his post-service activities and the DRB was pleased to see that the applicant is doing welL However, this does not relate to the period of service in question and provides no basis of inequity or impropriety on which to base an upgrade of his discharge.

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