AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
'IAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AB	AFSN/SSAN
7	••	
	PERSONAL  APPEARANCE	x	RECORD  REVIEW	
	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR 0RGANl1.A.TION OF COUNSEL	

MEMBER SITTING

HON	GEN	UOTIIC

x

OTHER	DENY
x
x

x
x

SSUES

A92.21 A93.21

INDEX NUMBER

A67.50

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

HEARING DAl"E	CASE NUMBER

13 Jan 2004	FD-2003-00414

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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SAF/MRBR
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, Et WlNG, 3RD FLOOR
ANDREWS AFB.MD 20762·''002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00414	
GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 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 discreditable involvement with military or civil authorities.  The records indicate applicant received an Article  15, a Letter of Reprimand, and was subject of various delinquency notices and Memorandums for Record for misconduct.  Her misconduct included misuse of her government travel card on two occasions, misuse of her government computer for personal gain, and failure to pay just debts.  Member was sent to the base Personal Financial Management Program counseling offered but failed to fully participate or make positive adjustments in her financial situation as a result.  As regards misuse of her government travel card, member argued she was not guilty of those offenses due to not being fully aware of all the program's instructions, and that she used her best judgment in the absence of more thorough guidance.  With regard to the computer misuse, again applicant asserted ignorance of the correct procedures, claiming she had inquired of the services squadron and the legal office whether there were special procedures for e-mails for personal fundraising and the staff she spoke to were not aware of any, so she didn't realize what she did was wrong.  The board noted that some, but not all, of member's misconduct was tangentially related to an ongoing health issue for which she was in treatment, however the Board did not find these factors to be sufficient mitigation or extenuation to warrant an upgrade at this time.  The ORB opined that through the unit's administrative actions, the applicant had the opportunity to change her 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's noted her post-service activities and the ORB 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 in her discharge.

Applicant also cited her desire to receive the G.I. Bill benefits as justification  for upgrade.  The ORB noted that applicant signed a statement (DD Form 2366, on April  19, 1993) that she understood she must receive
an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety that warrants an upgrade.

Ifshe can provide additional documented information to substantiate an issue, the applicant should consider exercising her right to make a personal appearance before the Board.  Ifshe chooses to exercise this right to
a personal appearance hearing, the applicant should be prepared to provide the ORB with factual evidence of the inequity and any exemplary post-service accomplishments and any contributions to the community.

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