AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
r	NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AB
RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

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

ISSUES

A92.21

INDEX NUMBER

A67.90

A94.05	1	ORDER APPOINTING THE BOARD
2	APPLICATION 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

23 Apr 2004	FD-2003-00265

Case heard at Fort Gillem, GA, via video teleconference with Andrews AFB, MD.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

,·------------------------------------ -------------------------------	--'--/._ _ ]_ _ _ _ ----

----	[

SAF/MRBR
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, JRD 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-2003-00265	

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

The applicant appeared with counsel,.-of the Georgia Department of Veteran Services, and testified before the Discharge Review Board (DRB) at Fort Gillem GA via video-teleconference with Andrews AFB, MD, on April 23, 2004. His father, Col (USA)	also testified.
The following additional exhibits were submitted at the hearing: Exhibit 6:   Speech Certificate Award dated April 30, 2003.
Exhibit 7:   Atlanta Metro College Grades dated 200308.
Exhibit 8: Atlanta Metro College Grades dated 200305 Exhibit 9: Atlanta Metro College Grades dated 200302 Exhibit 10: Atlanta Metro College Grades dated 200402

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

FINDINGS:   Upgrade of discharge is denied. 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 received a general discharge for conduct prejudicial to good order and discipline and	
cited three issues:

Issue 1: The applicant feels that the discharge was inequitable because it was too harsh considering the contribution he put forth toward the Air Force and his solid work ethic and performance in the military.  The Board noted that in the applicant's almost 2.5 years of active military service, his record contains documents pertaining to one promotion (to the grade of A lC), one Enlisted Performance Report (an overall "4" rating which was referral due to comments pertaining to an off-base DUI incident), a Letter of Evaluation and an Air Force Achievement Medal for outstanding achievement while deployed to a classified location, and a Letter of Appreciation for his contributions to a LG/OG Annual Awards Banquet. The Board also noted that the applicant's file contained one RIC for failure to follow computer security measures, one LOR for an off­ base arrest for driving under the influence of alcohol, and an Article 15 for wrongfully loaning an individual his military ID card, making a false official statement to his 1st Sergeant three days later that he lost his military ID card, and two derelictions of duty two days apart for twice failing to refrain from driving on base while his base driving privileges were revoked  The DRB found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance and that the applicant had ample opportunities to change his negative/repetitive behavior through these administrative actions. The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as he is presently attending college. The Board was sympathetic to the impact the loss of these benefits is having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade of the applicant's discharge.

Issue 3: The applicant stated that his post service achievements, character references, and report cards from college should be considered. The DRB was pleased to see that the applicant was doing well and appears to have   ositively moved on with his life.  However, no inequity or impropriety in his discharge was su  gested

.

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