AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME  OF SERVICE MEMBER (LAST, FI RST Mll)()U; I NITIAL)

GRAilE

X	RECORD REVIEW

AFSN/SSAN

YES	No
x

ADDRESS AN!I OR ORGANIZATION OF COUNSEL

ISSllES

AOl.00 A95.00

INDEX NUMBER

A67.50

llON	GEN	UOTHC	OTHER

[  ORDER APPOINTING THE BOARD
2  APl'LICATION 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

DENY

x

x x x
x

TAPE  RECORDING  OF PERSONAL  APPEARANCE  I IEARIN(i

HEARING DATE

CASE NUMBER

FD-2009-00158

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.

 - 	

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH Al-13, TX 78150-4742

FHOM:

SECRETARY OF THE AIR  FORCE  PERSONNEi. COll N( IL AIH FORCE DISCHARGE  REVIEW BOARD
I0-15 COMMAND DR, EE WING, JR[) FLOOR
ANl>HEWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW  BOAR D DECISIONAL RATIONALE	CASE NUMBER

FD-200900158	

GENERA L:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appeara nce before the Discharge Review Board (DRB) but declined and requests that the review be completed based on the avai lable service record.

The attached brief contains available perti nent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge. 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 unabl e to identity any that would justity a change of discharge.

ISSUE: Applicant submitted no issues regarding the inequity  or  impropriety  of  his  discharge.  The applicant does submit that he wishes he could erase the mistakes he made while on active duty and would  l ike a second chance despite his discrepancies so that he may obtain employment with the federal government. The record indicates the applicant received three Article l three Letters of Reprimand, and seven Records of Individual Counseling. His misconduct included larceny and receipt  of stolen property, dishonorable failure to pay just debts (2x), attempting to pass a check issued on a closed account, failure to report (2x), failure to maintain dress and appearance standards, failure to wear a seatbelt, using a government vehicle to drive to lunch, and writing eleven bad checks. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty perfonnance. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge re,brul ation and was within the discretion of the discharge authority and 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 and determines the discharge should remain unchanged.

Attachment: Examiner's Brief