AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NA' ME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN
 	; ?II .

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATJON

RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

Florida Department of Veteran's Affairs 00

MEMBER SITTING
-------------------------------------   ..

HON

GEN

UOTHC

OTHER

DENY
x x x x
x

ISSUES

A92.21 A94.05

INDEX NUMBER

A67.10

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETIER 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 DATE	CASE NUMBER

22 Apr 2004	FD-2002-0338

Case heard via video-teleconference  from Ft. Gillem, Georgia with the Discharge Review Board (DRB) at Andrews AFB. Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR

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TO:

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

FROM:

SECRETARY OF IBE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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

FD-2002-0338	

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

The applicant appeared and testified via video-teleconference with the Discharge Review Board (DRB), and was represented by Mr.	of the Florida Department of Veteran's Affairs, at Fort Gillem, Georgia on 22 April 2004.  The following additional exhibits were submitted at the hearing:

Exhibit 5: Applicant's contentions
Exhibit 6: Unofficial Southern University Transcript Exhibit 7: Charter Reference Letter, 21 April 04
Exhibit 8: Charter Reference Letter, 20 April 04
Exhibit 9:  Gerhart Memorial Church Reference Letter, 30 Mar 04

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of Discharge

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:

The applicant was discharged with a General Discharge for Misconduct by committing Minor Disciplinary Infractions.  The member received two Article 1Ss for failure to go to his place of duty and wrongfully consuming alcoholic beverages while under 21 years of age.  He also received a Letter of Reprimand for arriving to work intoxicated and a Letter of Counseling for missing a mandatory flu shot.  The applicant requests an upgrade to better his employment opportunities and gain G.I. Bill benefits.  The applicant contends his discharge was inequitable because it was too harsh and that he was told his discharge would automatically be upgraded in six months.  The DRB noted the issue was common, the result of miscommunication.   While a discharge may be upgraded after six months, the upgrade is by no means automatic.  A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge.  The Board concluded the 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.

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