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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
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