AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERV.JCE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE  GEN

GRADE	AFSN/SSAN
SRA	
x	RECORD  REVIEW

YES	No
x

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DENY
x x x x
x

A47.00

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 APPEARANCE

HEARING DATE

18 Aug 2004

CASE NUMBER

FD-2004-00195
#

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

SECRETARY OF THE AIR FORCE  PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
I 535 COMMAND DR, EE WING, JRD 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	CASE NUMBER

FD-2004-00195	

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 is denied.

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

ISSUES. Applicant was discharged for minor disciplinary infractions, failure in the  management  of personal finances, and dishonorable failure to pay just debts. During his second enlistment his misconduct included numerous instances of writing worthless checks and failure to pay just debts to various businesses, including the Army Air Force Exchange Service, American Express government travel card, and enlisted open mess club. He also misused his government travel card for personal purposes, including making a down payment on a car which was later repossessed. At the time of the discharge, applicant was recommended to receive an under other than honorable conditions discharge due to the extensive and very serious nature of his misconduct. He consulted counsel and submitted a waiver of his right to an administrative discharge board hearing conditioned upon receipt of no less than a general discharge. The request was approved. Applicant now contends his former wife wastefully spent money and created the bills, which he made no "serious attempt" to prevent. He also notes his budget is now in order. The Board noted that at the time of the discharge member waived his right to submit statements in his own behalf, and there was no evidence in the record to substantiate applicant's contentions. Thus the Board concluded that member was responsible for his actions of misconduct and was held accountable for those. He  was counseled repeatedly and given numerous opportunities to improve his behavior but failed to respond to those rehabilitative efforts. 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.

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