AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

PERSONAL  APPEARANCE

X	RECORD  REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN .

x x x

UOTHC	OTHER	DENY

ISSUES

A94.06 A92.35 \o
A92.02

INDEX NUMBER

A67.03

x
x

1 ORDER APPOINTING THE BOARD
2  APPLICATION 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

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

24 May 2012	FD-2010-003 17

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 AFB, TX 78150-4742

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-2010-00317	

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 and requests that the review be completed based on the available service record.

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

FINDING:   The discharge is upgraded to general.

ISSUE:	Applicant  received  an Under  Other Than Honorable  Conditions  (UOTHC)  discharge  for Misconduct - Commission of a Serious Offense

Applicant contends discharge was inequitable because it was based on an isolated incident.  Additionally, he states that his discharge did not take into aGcount the good things he did while in the service. The records indicated the applicant was convicted under a summary court martial, received one Article 15, two Letters of Reprimand, one Letter of Counseling, and one Record of Individual Counseling. His misconduct included attempted theft from AAFES, solicited an airman to steal from AAFES (2x),  failed to report in after emergency leave, failed to maintain dorm room standards (3x), disobeyed an order (3x), failed to perform duties, misuse of government travel card, and failure to pay debt on government travel card. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation  and other accomplishments.   Although the Board did not condone the applicant's misconduct, they found that based on his entire record and personal circumstances at the time of discharge a UOTHC discharge was too harsh and concluded a General discharge more appropriately characterized the applicant's  service.

CONCLUSION: 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 the applicant was provided full administrative due process.

However, in view of the foregoing findings, the Board concludes that the  overall  quality  of  applicant's service is more accurately reflected by an Under honorable Conditions (General) under the provisions  of Title 10, USC  1553.

Attachment: Examiner's Brief