AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

G RADE

A FSN/SSAN

itt1 t •I 1111 ::	[!£ .;	SGT
TYPE UOTH	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
i	j--N-A_M_E_OLF_C_O_UN_S_E_L_AN-D    OR    OR_G_A_N_U_AT-lO__N------------+-AD-D_R_ELSS_A_N'DO__R_O_RG-.AN·1_zA_T_ION'O_F_C.OU--SEL--------
i
I x

MEMBER SITTING
;·- - - - ----- - - - - ----- - - - - ----- - - - - ----- -	-------------+-----+-----+----+-----+----!
x
.	x
x
.
x
x
··----- ··----- ··----- ··----- ··--

ISSUES

A94.06

INDEX NUMBER

A75.00

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIHCATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIM E OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSON AL APPEARANCE

HEARING DATE	CASE NUMBER

13 Dec 2004	FD-2004-00277
.

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 ri ght to submit an application to the AFBCMR

.

..----····-----····-----····-----····-----····-----····-----····-----····------ --------····-----····-----····--·        -----------1

------ ··----- ··----- ··-------------- ··----- ··--------,----- ··-------------- ··----- ···
'

DATE:·12YI4/2004

TO:

SAF/MRBR
550 C STREET V.'EST, SUITE 40 RANDOLPH AFB. TX 78150-4742

FROM:

SECRETARY OF THE AIR FORCE  PERSONNEL COUNCI L AIR FORCE DISCHARGE  REVIEW  BOARD
1535 COMMAJ\'D DR, EE WING, 3RD FLOOR ANDREWS AFB, MD ZOi62-7002

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

.
•

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NU'.WBER

FD-2004-00277	

GENERAL: The applicant appeals for npgrade of discharge to honorable and to change the reason and authority for the discharge.

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: The Board grants partial relief. The discharge is upgraded to General. However, the reason and authority for discharge is denied.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 for writing a bad check and had charges preferred against him for making a false official statement and for committing fraud. The applicant elected to receive a discharge in lieu of Court-Martial. The DRB did not condone the behavior of the applicant; however, the Board opined that, since the member served nine years and paid back the money in full, a UOTHC was too harsh and directs that the applicant's discharge be changed to a General discharge.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant 's service is more accurately reflected by a General discharge with no change in the reason and authority for the discharge, under the provisions of Title I O, USC 1553.

Attachment: Examiner's Brief