/	AlR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (l,AST, FIRST MIDOLE INITIAL)

GRADE

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TYPE

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PERSONAL  APPEARANCE	RECORD REVIEW

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ISSUES

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A94.05

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A67.50

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l ORDER APPOINTING THE BOARD	 	
2	APPLICATION FOR REVIEW OF DTSCHARGF
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSONNEL HLE
COlNSEL 'S RELEASE TO THE BOARD
ADDJTIONAL EXHIBITS SUBivlTT Eb A= T=IME.=o.,---i
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARA!\CE

w AR1NG o,..n:	CASE NUMB(R

20 May 2004

FD-2003-00385

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Case heard at Washington, D.C

Advise applicant of the decision of the Board and the right to submit an application to the AFHCMR

			
			
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TO:

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

FROM :

SECRETARY OF THE A lR FORCE P£RSONNE L COUNCIL AIR FOR.CE DJSCllARG£ REV[[W BOARD
JJ5 COIHM.o\ND DR,, U:WINt;.JltD fLODR ANDREWS M'B, MO 20762-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edit10n will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00385	

GENERAL:  The applicant appeals for upgrade of discharge to honora ble.
The appl icant appeared before the Board on 20 May 04 without counsel and submitted the followin g exhibits: Exhi bit 5 - Sworn Affidavit,	1 9 May 04
Exhibit 6 - Florida Hospital, East Orlando Med ical Records

The attached brief conta ins avai la ble pertinent data on the appl icant 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 inequ ity or impro priety that wou ld justify a change of discharge.

ISSUES:

The applicant was discharged with a general discharge for a pattern of misconduct--cond uct prejud icial to good order and d iscipl ine. The records indicate appl icant received a Letter of Repri mand for m issi ng three appoint ments and two Article 15's--one for falsely pretending to be employed by the US Secret Service and impersonating a com m issioned officer of the Air Force with the i ntent to defraud, vacation action, and finally, AWOL.

Issue 1. The appl icant stated h is discharge was ineq u ita bl e because it was too harsh. The applicant testified that his brother-in-law along with h is now wife were the ind ividua ls impersonating h im as a Secret Service employee and Air Force Officer. Additionally, the mem ber provided a sworn statement from h is brother-i n-law stating he was the one responsible for the impersonations.  W hen  asked  what  actions  were  bei ng  taken  against  h is  brother-in-law  the appl icant stated, ··Nothing. we're friends and  I just want to move on."   Based  on the  mem ber's own acceptance of d isciplinary act ions, the statement from his brother-in-law was found to be without merit. The information provided to the Board was read ily available at the time d isci pl inary actions were taken against the member. The Board concluded the discipli nary infractions were a sign ificant departure from the conduct expected of all m il itary mem bers. The Boa rd fou nd no evidence of impropriety or inequ ity in th is case on wh ich to base an upgrade of discharge.

Issue 2. Appl icant states that h is discharge did not take into account the good th ings he d id wh ile i n the service. The DRB took note of the a pplicant's duty performance as docu mented by his performance reports, letters of recommendation and other accomplishments.  They found the seriousness of the willfu l miscond uct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for th is case.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requ irements of the discharge regu l ation and was with in the d iscretion of the discharge authority and that the applicant was provided fu II admin istrati ve due process.

Jn view of the foregoing find ings the Board further concl udes that there exists no lega l or equitable basis for upgrade of discharge, thus the applicant's discharge shou ld not be changed .

Attach ment: Exami ner's Brief