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AF | DRB | CY2009 | FD2008-00270
Original file (FD2008-00270.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

  
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
  

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE > RECORD REVIEW
og ;| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC | OTHER DENY
xX
x
x
x
Xx
ISSUES A92.35 INDEX NUMBER A67.30 baci a et ete ed
A92.01 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
22 Jul 2009 FD-2008-00270

 

 

  

"ABPEICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR'FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. ~—

   

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.

SIGNATURE SIGNATUBEQE BOARD PRESIDENT

 

To: FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 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

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