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AF | DRB | CY2013 | FD-2013-00557_13
Original file (FD-2013-00557_13.rtf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

ERSONAL APPEARANCE
 x        RECORD REVIEW

 ADDRESS AND OR ORGANIZATION OFCOUNSEL

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



A92.0J
A67.10
A49.00   1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW Of DISCHARGE
3 LEITER OF NOTIFICATION
4 BRIEFOF 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

03 Oct 2013      FD-2013-00557


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 78 t 504742

FRO.\!:


SECRETARY OF 1llEAIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVJl;W BOARD
1535 COMMAND DR, EE WING, JRD FLOOR
ANDREWS AFB, MD 20762-7801


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



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2013-00557

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 Unsatisfactory Performance - Personal Finances (Primary) and Misconduct -Minor Disciplinary Infractions (Secondary)

Applicant states that his discharge did not take into account the good things he did while in the service. The records indicated the applicant received three Article 15s and one Letter of Reprimand. His misconduct included failed to pay debt to exchange credit program in the amount of $285.65, failed to pay government travel card, failed to pay rent (2x), with intent to deceive made a false statement to a SNCO, failed to display valid road tax disc, and failed to pay debt of $3000.00 to O'Brien Animal Transportation and Services. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

The DRB was pleased to see that the applicant was doing well and serving his country in the Army National Guard. 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.

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on
28 October 2004) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

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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