A IR FORCE DISCHA RGE REVI EW BOARD HEARING RECORD

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EXHIBITS Sl!8Ml'ITED TO THE BOARD
I	ORDER APPOINTING THE BOARD
2	APPLICATION   FOR  R EVIEW  OF  DISCHARGf:
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S  RELEASE TO THE BOARD
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ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEAR ANCE
TAPE  RECORDING 01PERSONAL  APPERANCE

                                l'ASf:'H'MllER

18 Nov 2003	FD-2003-00255

i Case heard at Wash i n gton, D.C.

Ad vise appl ican t of t he decision of the Boa rd, the ri ght to a personal appea rance wit h/wit hout counsel, and the ri ght to su bm i t an appl ication to t he A F BC M R

INDORSEMENT'
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:i:iO C STREET WEST. SUITE 40 RANDOLPH  AFB.  TX  78150-4742

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13 COMMA NO DR. H WING. JRO FLOOR ANDREWS AFB. MD 20762-7002

AFHQ  FORM 0-2077, JAN  00	(EF-V2)	Prev ious ed ition wi ll be used

AI R FORCE DISCH ARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nl'M BER

FD-2003-00255	

GENERAL:   The appl icant appeal s for upgrade of discharge to Honorable. change of reason  for d ischarge and change of reenl istment el igibil i ty code.

The appl icant appeared and testified before the Discharge Review Board (DRB), with counsel, at And rews AFR MD on N ovem ber 18, 2003.
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The followi ng add itional exhi bits were submi tted at the hearing:

Exhi bit 6: Letter of recommendation from NC A&T Universi ty Exhi bi t 7: Letter of reference from Bennett College
Exhi bit 8: Character reference letter Exhi bit 9: Police report

FIN DI NGS:  Upgrad e of discharge is denied.

The Board finds that neither evidence of record nor that provided by the appl icant substantiates an ineq uity or impropriety that woul d justify a change of discharge.

ISSUES: The applicanf s issues are l isted in the attached brief and contends his discharge was too harsh for the record of miscond uct, characterizing many of the incidents of miscond uct as trivial. He also contended a hostile work environment was created by his supervisor. The appl icant req uests upgrade of his discharge i n order to reenter the Armed Services. The appl icant was discharged with an under honora ble cond itions (general ) discharge for m inor d isciplinary infractions after 9 mon ths and 13 days of service. The mem ber recei ved two Articl es 15 and a vacation action for fraudulently chargi ng J ong distance phone calls to his roommate's tel ephone account, dereliction of duty, and fai lure to obey ord ers. He also recei ved 6 Letters of Counseli ng and one Letter of Repri mand for fai lure to appear in civil ian court, d riving wi thout a val id dri ver's license. financial irresponsi bil ity, failure to go. unsatisfactory duty performance, and disrespect to supenors.
After evaluati ng the evidence of the record and the appl icant's testimony The Board did not concl ude that the miscond uct was trivial and did not find convinci ng evidence of a hostile work environment.
The appl icant req uested a second chance to serve based  on the  change  in  his character  since discharge  and the DRB was impressed with the  applicant'.c:;  post  service  educational  accompl ishments.  However.  no inequi ty or impropriety  in his discharge was found i n the course of the hearing.

CONCLUSIONS: The Discharge Review Board concl udes that the discharge was consistent  with  the proced ural  and substant ive req u irements of the discharge regulation and was within the discretion of the d ischarge authority and that the applicant was provided full administrative due proces .

In view of the foregoi ng findings the Board further concludes that there exists no legal or equitable basis for upgrade of discharge. thus the appl icant's discharge should not be changed.

Attachment: Exami ner's Brief	

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