AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
! NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

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ISSUES	A92.35	INDEX NUMBER	A67.30

. -t\l'S UB	11WL. ' .

A92.01	1 ORDER APPOINTING THE BOARD	 	
2	APPLICATION  FOR  REVIEW  OF DISCHARGE		I
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD	I
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF	I
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

22 Jul 2009	FD-2008-00270
A!lN;l(lOO's ISSUE AND THE B<MRD'S DBCISJONAL l(ATIONALE ARl'.!.DISCUSSEDON 'll'IUl )6..TTA A1R.'1'0Rt:ll1)ISCHARG!! RlMEWllQ'A'.JU)	ISIQ)'!At RATW!'JAtE.	,_.;;, ... ...
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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 application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant's request.

SrGNATITI>	C"ORDli':R		GNATIJBE Q' 8Q® PllglDENT  ---J	

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

FROM:	

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001	

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00270	

GENERAL: The applicant appeals for upgrade of discharge to honorable.

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 is denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE:

Applicant submits that his one sole act of misconduct was not indicative of his character as a person and as an Airman.  He further states that his duty performance as related by his performance reports show a  different person, a different Airman, which save for this one infraction, served his country honorably.  The discharge review was completed based on the available service record.  The record indicates the applicant was on his second term of enlistment when he committed the crime of theft from another airman by willfully using his credit card to make online and downtown purchases of about $500.00 worth of goods.  The applicant was referred to a Special Court Martial where he received a reduction in rank to Airman Basic,  hard labor without confinement for 30 days, restriction to the base installation for 30 days and two months confinement.
The Board found the seriousness of the willful misconduct offset the positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety or inequity on which to base an upgrade of the 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.

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