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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

Florida Department of Veteran's Affairs 00 

ISSUES  A92.21 
A94.05 

HEARING DATE 

1  22 Apr 2004 

CASE NUMBER 

I  FD-2002-0338 

I  1  I  ORDER APPOINTING THE BOARD 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I I  TAPE RECORDING OF PERSONAL APPEARANCE 

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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 

TO: 

SAFJMRBR 

.  550 C STREET WEST, SUITE 40 
W D O L P H  AFB, TX 78 150-4742 

I 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DlSCliARCE REVIEW  BOARD 
1535 COMMAND D R  EE WING. 3RD FIAOR 
ANDREWS AFB, ~ ~ ' 2 0 7 6 2 - 7 & 2  

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 ~r.- 
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 15s 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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 21 Aug 95 UP AFI 36- 
3208, para 5.49  (Misconduct -  Minor Disciplinary Infractions).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 25 May 74.  Enlmt Age: 17 4/12.  Disch Age: 21 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-53,  E-50,  G-50,  M-41. PAFSC: 3C151 -  Radio Cornminications 
Systems Journeyman. DAS: 5 Dec 94. 

b.  Prior Sv:  (1) AFRes 17 Oct 91 -  17 Jun 92 (8 Mos 1 Day) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 18 Jun 92 for 6 yrs. Svd: 3 Yrs 2 Mos 4 Das, all AMS. 

b.  Grade Status:  SRA -  4 Dec 94 

A1C -  (EPR indicates: 18 Jun 92 -  11 Apr 94) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 25 Jul 95, Andersen AFB, Guam -  Article 86.  You did, 

on or about 28 Apr  95, without authority, fail to go at 
the time prescribed to your appointed place of duty. 
Article 134.  You did, on or about 22 Apr 95, unlawfully 
enter the residence of --------.  Suspended reduction to 
the grade of AlC, restriction for 45 days, and 45 days 
extra duty.  (No appeal)  (No mitigation) 

(2) 1 Mar  93, Scott AFB, I1 - Article 92.  In that you, 
did, on or about 16 Feb 93, violate a lawful general 
regulation, to wit:  paragraph 1-4a, Air Force 
~egulation 215-7, dated 27 Sep 91, by wrongfully 
consuming alcoholic beverages while under 21 years of 
age.  Forfeiture of $100.00 pay and 15 days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 31 MAY 95 -  Arrived at work intoxicated. 

LOCI 13 FEB 95 -  Missed mandatory flu shots, the second 

appointment missed. 

f.  CM:  None. 

g.  Record of SV: 18 Jun 92 -  11 Apr  94  Scott AFB  4  (Initial) 

18 Feb 94 -  10 Nov 94  Scott AFB  3  (CRO) 

(Discharged from Andersen AFB) 

h.  Awards &  Decs:  AFAM, AFTR, NDSM, AFGCM, AFOSTR. 

i.  Stmt of Sv:  TMS:  (3) Yrs  (10) Mos  (5) Das 
TAMS:  (3) Yrs  (2) Mos  (4) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 2 Aug  02. 

(Change Discharge to Honorable) 

Issue 1:  Recently I applied for my GI Bill benefits only to find out that I 
could not use them because I did not have an Honorable Discharge.  I was really 
disappointed and confused, because I did not realize that I had to have an 
Honorable Discharge to receive my GI Bill.  I am very interested in continuing 
my education and getting my B.S. degree in nursing.  I have two young children 
and a wife that your decision affects greatly.  I need a career that will enable 
me to provide for my family and give back to people in need.  I have been 
accepted to Southern University; in Chattanooga, and I am ready to begin. 
Please allow me to achieve my goal, and provide for my family and community, by 
upgrading my discharge to Honorable.  Thank you for your consideration of this 
matter. 

ATCH 
None. 

18 Nov 02/cr