,_   NAME O.

F SERVICE.MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

TYPE GEN

AB
PERSONAL  APPEARANCE	x	RECORD  REVIEW

1 '	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS  AND  OR  ORGANILA TIO:-.i  OF -COt:NSEJ,.
YES	No
x

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DENY
x x x x
x

SSUES

A94.53

INDEX NUMBER

A67.00

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

HEARING DATE	CASE NUMBER

15 Sep 2004	FD-2004-00219

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 78I50-4742

SECRETARY  OF THE AIR  FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMI\1AND DR, EE WING, JRD FLOOR
ANDRE'S AFB, MD 20?62-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE l'ilJ!\<tBER

FD-2004-00219	

GENERAL: The applicant appeals for upgrade  of discharge to honorable, to change the reason and authority for the discharge, and to change his reenlistment code.

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, change of reason and authority for discharge, and change of reenlistment code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any.

ISSUES. Applicant was discharged for discreditable involvement with military or civil authorities. Member received an Article 15, two Letters of Reprimand, and pursuant to his guilty pleas, was convicted by Summary Court Martial for conspiracy to perpetrate an insurance fraud resulting in larceny of an amount greater than $500.00, and making a false official statement with regard to the same incident. His other offenses were three incidents of failure to go. At the time of the subsequent administrative discharge processing, member consulted counsel and waived his right to submit statements in his own behalf. Applicant now notes he made mistakes while in the service, but has learned from them. The Board noted he was age 19 to 20 when his misconduct occurred, essentially the same age as other airmen who complete their enlistments without disciplinary infractions, and there was no evidence he did not know right from wrong. The Board further concluded that conspiracy and making false statements are very serious breaches of expected standards. Therefore, the Board found the record supports the characterization of service received.

The applicant noted his desire to return to military service. While the Board commends applicant on this aspiration, it is not a matter of equity or propriety with regard to his discharge and does not provide a basis that warrants an upgrade.

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