AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

•	NAME OF SERVICE MEMBER (l,AST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

TYPE

X  PERSONAL APPEARANCE

AB

RECORD REVIEW

¥41l!Mffe
YES

NAM[ m·COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

A94.05/06, A93.0l/02, A92.35/36

HEAIUNG DATE
21 NOV 02

INDEX NUMBER
A64.00

CASE NUMBER
FD2000P0283

x x x x

"

1	ORDER APPOINTING THE BOARD
2	APPLICAflON FOR REVIEW OF DISCHARGE
3	LETTER OF NOT!FICATJON
4	BRIEF OF PERSONNEL FlLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING  OF PERSONAL APPERANCE HEARING

REMARKS
Case heard at Dobbins ARB, GA

Advise applica nt of the decision of the Boa rd, and the right to submit an application to the AFBCMR.

SAF/MIBR
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, 31<D FLOOR
ANDREWS AFB, MD 20762·7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD2000-0283	

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant appeared and testified before the Discharge Review Board (Board) without counsel at Dobbins AFB, GA on Novem ber 21, 2002.

The following add itional exhibits were submitted at the heari ng:
Exhibit 6:  Written statement from applicant dated November 21, 2002 Exhibit 7: Character reference from . dated November 19, 2002
Exhibit 8: Character reference from( dated November 20, 2002
Exhibit 9: Diploma from City College, Fort Lauderdale, Associate of Science, Electronics, June, 1996 FINDINGS: Upgrade of discharge is denied.
The Board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUES:  The applicant's issues are listed in the attached brief.  He contends his discharge was too harsh because he was immature and the offenses were of an isolated and minor nature, and he performed his duties well.  He further contends that his First Sergeant had a vendetta against the applicant's brother and punished the applicant.  He states that he has been a good citizen since his discharge.  The applicant was discharged with an under honorable conditions (general) discharge for Misconduct, Discreditable Involvement with Military or Civil Authorities after I year, 1 month and 3 days of service.  The member received 3 Records of Counseling, 3 Letters of Reprimand, and 2 Article  l S's for being drunk and disorderly, wrongful consumption of alcohol underage, wrongful use with intent to deceive another's military identification card, failure to appear in civilian court, failure to go, driving illegally, and failed room inspection.  The DRB concluded that the applicant had ample opportunities to correct his recurring pattern of misconduct that was a significant departure from conduct expected of all military members.  The Board did not agree that the applicant's misconduct was minor or isolated.  There was no evidence to suggest that the applicant's supervisor improperly targeted him because of the applicant's brother.  The DRB was impressed with the applicant's post service accomplishments and work in the defense related aerospace industry directly supporting the Air Force.  However, no inequity or impropriety in his discharge was found in the course of the hearing.  The Board concluded the misconduct of the applicant was appropriately  characterized.

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