AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

TYPE   GEN	x	I	PERSONAL  APPEARANCE	I	RECORD  REVIEW
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ISSUES	A94.06	INDEX NUMBER	A67.10	.,.,.,	' .	,..	' (
1	ORDER APPOINTING THE BOARD
2	APPLICA T!ON 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 DATE	CASE NUMBER

Id, •-• To	--	-

21 Apr 2004	FD-2002-0353
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Case heard at Andrews AFB, MD, via video-teleconference  with Ft Gillem, GA. Advise applicant of the decision of the Board.

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TO:	FROM:
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 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2002-0353	

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority for discharge and to change the reenlistment code.

The applicant appeared before the Board with counsel, Mr. r_·_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-l of the Florida Department of Veterans Affairs  on 21 April 2004 at Fort Gillem, Georgia, via video teleconference with Andrews AFB, MD.

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

FINDINGS: Upgrade of discharge is granted; however, change of reason and authority for discharge and change of reenlistment code are denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the  record  and  evidence provided by applicant the Board finds the applicant's discharge inequitable.

ISSUE:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received two Article 15s, three Letters of Reprimand, three Letters of Counseling, six Records of Individual Counseling, one Memorandum for Record, and a traffic ticket.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.   The Board concluded the misconduct was a significant departure from conduct expected of all military members. However, based upon evidence provided by the applicant the Board finds the applicant's discharge inequitable.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge. Additionally, the Board declined to change the applicant's characterization and or reason  for discharge nor to change the reenlistment code under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief