AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
1'AME OF SERVICE MEMBER (LAST, FIRST MIDDLE l1'1TIAL)	GRDE	AFSN/SSAN

TYPE GEN

SRA
PERSONAL APPEARA NCE	x	RECORD  REVIEW

,		c_o_.UN _L_ _, NAME OF COUNSEL AJ'li[) OR ORGA..,IZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES		No
x

MEMBER  SITTING	HON

GEN	UOTHC

OTHER	DENY
x x x x
x

ISSUES

A94.05

INDEX  NUMBER

A67.IO

I	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DlSCHARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDJTJONAL EXHJBITS SUBMITTED AT TIM E OF
PERSONAL  APPEARANCE
TAPE RECORDJNG  OF PERSONAL APPEARANCE

H.EARl G DA.TE	CASE NUMBER

09 Dec 2004	FD-2004-00276

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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TO:	FR0.\1:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECR£TARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE D1SCHi\RGE P..EV1EW  BOARD 1535 COMMAND DR, EE WING, 3RD 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-2004-00276	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 for wrongfully using his Government Credit Card. The Board concluded the misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate. The record is missing the discharge documents, so if he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board. If he should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post-service accomplishments as well as 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	

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