AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
a. SRA ay
TYPE x PERSONAL APPEARANCE RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES No
x
MEMBER SITTING HON GEN UOTHC OTHER DENY
x +*
: | xt .
x +*
x +*
ISSUES A93.1 1 INDEX NUMBER A49.00
A93.01 A62.00 1 JORDER APPOINTING THE BOARD
A93.07 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
02 Feb 2012 FD-2009-00522
Case heard in Washington, D.C.
Advise applicant of the decision of the Board
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SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
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-2009-00522
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change the reenlistment code.
The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
AFB on 02 Feb 2012.
The following additional exhibits were submitted at the hearing:
Exhibit 5: Letters of Justification
Exhibit 6: Credit Card Status
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The discharge is upgraded to general. Change of reason and authority for discharge and change
of reenlistment code are denied.
The Board finds evidence in the record to substantiate an impropriety that would justify a change of
discharge.
ISSUE: The applicant was discharged with an under other than honorable conditions (UOTHC) for
Fraudulent Entry (primary) and Substandard (Unsatisfactory) Performance (secondary). Applicant wants
upgrade of his discharge to enlist into the Alabama Army national Guard. The record indicates the Applicant
did, on or about 3 July 2002, make a deliberate, material, misrepresentation, on a DD Form 1966, record of
Military Processing Armed Forces of the United States, by certifying that he had not misused any
government travel card or had been seriously delinquent in the payment of any government travel card, when
in fact he had an outstanding balance of more $1100; a fact which if known at the time might have resulted
in rejection of his enlistment. The applicant testified that he was going thru a financial hardship, a long
drawn out divorce and custody battle, and not being able to find a job to take care of his responsibilities.
Applicant admits to using his government charge card that he still had in his possession after separating from
the U.S Navy Reserves to purchase items and food until he was able to find work. Applicant also testified
that the Air Force recruiter was aware that he owed money on his government travel card. Applicant did
provide evidence that he paid his government charge card in full on 27 January 2003. The DRB opined that
through these administrative actions, the applicant had ample opportunities to change his negative behavior.
The Board concluded the applicant’s misconduct was a significant departure from conduct expected of all
military members.
The DRB was pleased to see that the applicant was doing well and has a good job. However, no inequity or
impropriety in his discharge was suggested or found in the course of the hearing. The Board concluded the
misconduct of the applicant appropriately characterized his term of service.
Although not specifically stated, applicant contends that he should not be penalized indefinitely for mistakes
he made when he was young. The DRB recognized the applicant was 30 years of age when the discharge
took place. However, there is no evidence he was immature or did not know right from wrong. The Board
opined the applicant was older than the vast majority of first-term members who properly adhere to the Air
Force’s standards of conduct. The DRB concluded that the characterization of the applicant’s discharge was
appropriate due to the misconduct.
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, after review of the record, the Board finds that the applicant discharge is incorrect, and should
reflect with an under honorable conditions (general) discharge, not an under other than honorable conditions
(UOTHC).
Attachment:
Examiner's Brief
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