AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

,	A'\JE OF SERVICE '\JEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

Af'S/SSAN

7	I Jfl. T$ llf	AB

TYPE UOTH   X

PERSONAL  APPEARANCE

RECORD REVIEW

YES	No
x

"!AME OF COUNSEL AND OR ORGAST7 4TION

ADDRESS A"ID OR ORGANlZA TION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

-j----------------------------------------	--------------+-----l-----+-----+-----1	1
x
x x
x x

ISSUES

A94.53

INDEX NUMBER

A67.90

I	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 DAT£

CASE NUMBER

01 Sep 2004	FD-2004-00260

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, EE WING, 3RD FLOOR ANDREWS AFB. MD 20762-'1'002

A FHQ FORM 0-2077, JAN 00

;
Previous edition will be used

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL RATIONALE	CASE NUl\'IBER

FD-2004-00260	
GENERAL:  The applicant appeals for upgrade of discharge to general, under honorable conditions.

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 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 that would justify a change of discharge.

ISSUE. Applicant was discharged for conduct prejudicial to good order and discipline, and received an under other than honorable conditions characterization of service. Member received two Articles 15, a Record of Individual Counseling, and had four additional Memos for  Record due to misconduct. His offenses included writing numerous bad checks to the base exchange, failing to pay just debts in the civilian community and to the NCO Club, stealing from his roommate, forgery, assault, unauthorized release of someone else's medical information to a  third party, and violating restrictions  of correctional  custody. When recommended  for administrative discharge, the member submitted a conditional waiver of his right to a board hearing in hopes of receiving a general discharge. When that was denied, he submitted an unconditional waiver of his right to a board hearing, and he failed to submit statements in his own behalf. The board noted member had several Enlisted Performance Reports, one of which was rated an overall "3" due to his financial misconduct. Member was age 25 to 27 when his misconduct occurred, older than most other airmen who complete their enlistments without disciplinary infractions, and there was no evidence he did not know right from wrong. Member had ample opportunity to change his negative behavior and was either unwilling or unable to do so. Therefore, the Board found the record supports the characterization of service received.

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