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Decision Text

AF | DRB | CY2013 | FD-2013-00358_13
Original file (FD-2013-00358_13.rtf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)
GRADE


PERSONAL APPEARANCE
 x        RECORD REVIEW
 ADDRESS AND OR ORGANIZATION OF COUNSEL


MEMBER SITTING
HON      GEN      UOTHC    OTHER
DENY
x x x x
x

A67.30

1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMIITED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING


DEARING DATE     CASI! NUMBER

02 Aug 2013      FD-2013-00358


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.












TO:


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


SECRETARY OF111E AIR FORCE PERSONNEL COUNCIL AIR FORCE DL<;CHARCE REVIEW BOARD
1535 COMMAND DR, EE wtNG. 3RD FLOOR
ANDREWS AFB, MD l0162-7001


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



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2013-00358

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 Board denies the upgrade of the discharge.

ISSUE: Applicant received a General discharge for Commission of a Serious Offense

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The record indicated the applicant was convicted by a Special Court Martial for conspiring with a NCO to commit larceny of money, military property with a value greater $500.00 and used Government Purchase Card (GPC) to purchase items for personal use (2x), with intent to deceive made false statement to GPC program coordinator, and stole gift card credits and merchandise, property of the United States valued over $500.00. The Board found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. 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 regulation 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

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