AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE IN ITIAL)

GRADE

AFSN/SSAN

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CAPT

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PERSON AL APPEARANCE

x	RECORD  REVIEW

NAMF. OF COUNSEL ANO OR ORGANIZA llON

A DURESS ANO OR ORGANIZATION  Ot" COUNSEL

MEMBER SITTING

HON

GEN

UOTl lC	OTHER

DENY

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ISSUES

A92.22 A92.02

INDEX NUMBER	A67.30

1	ORDER APPOINTING THE BOARD

A94.05 A92.04 A92.08

2	APPLICATION  FOR  R EVIEW OF DISCl lARGE
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 or PERSONAL APPFARANCE HE

HEARING DATE	CASE NUMBER

28 Sep 2006
 	ISSUE AND TH!i llOA!ltl 	

FD-2005-00380

Case heard in 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 appl ication to the A FBCMR

Names and votes wi l l be made available to the applicant at the appl icant's request.

+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
15J5 COMMAND DR, EE WING, JRD FLOOR
ANDREWS AFB, MD Z076Z-71MI Z

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00380		

GENERAL:  The applicant appeals for upgrade 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 the requested relief.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify upgrade of the discharge.  However, based upon the record and evidence provided by applicant, the Board finds the applicant's discharge was too harsh considering the circumstances surrounding his misconduct and the significant positive aspects of his military service.

ISSUE:

Applicant contends his discharge was inequitable because it was too harsh and that each instance of non­ judicial punishment had very different mitigating circumstances surrounding the misuse.  The applicant appealed for an upgrade of his discharge for the purpose of joining the Air National Guard to fly F-16's. The records indicated the applicant received two Article  15's for misconduct.	The misconduct was for misuse of the Bank of America Government Travel Card (GTC).  Specifically, the applicant received an Article 15 for misuse of his GTC in October 2002.  He received another Article 15 in April 2004 for failing to prevent his wife from using his GTC.  The Board noted the applicant's outstanding performance reports,
decorations and accomplishments while in the Air Force.  The Board also noted the applicant's distinguished service record that includes combat operations in support of Operations SOUTHERN WATCH and ENDURING FREEDOM.  When considering the totality of the applicant's service, to include the special circumstances surrounding his misconduct, the Board believed that the applicant's military service is best characterized as Honorable.

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 an Honorable discharge and the reason for the discharge is more accurately described as Secretarial authority. The applicant should be given the opportunity to re-enter military service under the provisions of Title 10, USC  1553.

Attachment: Examiner's Brief