AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

GRADE AFSN/SSAN

2LT | nme.

 

 

 

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

 

 

X RECORD REVIEW

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 
 

 

HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

 

 

 

  
   
   
  
  
  

    

"SISSUE AND THE BOARD'S DECISIONALR/

REMARKS

Case heard at Washington, D.C.

C-
SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

 

 

 

 

 

MEMBERS SITTING
Xx
Xx
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XxX
Es x
ISSUES INDEX NUMBER eo _UER AMIS SUBMITTED 10 THE BOARD rR
A92,11, A92,03, A92.15, A74.00 1 | ORDER APPOINTING THE BOARD
A92.19, A93.09, A92.37 2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
10 JUL 03 FD2002-00525 COUNSEL’S RELEASE TO THE BOARD
. ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
_—

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

    

1H MARGE REVIEW BOARD) SIONAL RATIONALE:

es Caracal

Z

    

   

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

 

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°° FLOOR

ANDREWS AFB, MD 20762-7002

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ¢p9002-00525

GENERAL: The applicant appeals for upgrade of discharge to General (under honorable conditions).

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

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 applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant received an Under Other Than Honorable Conditions (VOTHC) discharge pursuant to his
resignation in lieu of trial by court martial, apparently for drug abuse. Applicant noted his periods of
honorable enlisted service, his community involvement while in the Air Force, and other accolades and
achievements while in the Air Force. He further noted his wife’s breast cancer diagnosis and treatment,
which led to mental stress and poor judgment regarding his use of an illegal substance as a coping
mechanism. This was subsequently revealed via a positive random urinalysis. While the Board agreed that
except for the drug abuse, applicant’s performance while in the Air Force was good, they also concluded
member’s misconduct was incompatible with Air Force standards and an extremely significant departure
from conduct expected of all military members. As an officer at the time, member would have been well
aware of the Air Force’s zero tolerance policy for drug abuse. For the period of service under review, his
misconduct was sufficient reason for receiving a UOTHC discharge. The Board further notes that applicant
voluntarily submitted his resignation in lieu of trial by court martial, thus not attempting to establish his
innocence or present his extenuating or mitigating factors. In doing so he acknowledged that under these
circumstances his characterization of service could be deemed under other than honorable conditions in
accordance with discharge regulations, wherein airmen and officers so discharged usually do have their
service characterized as UOTHC. Furthermore, since the discharge documents are not available for review,
and lacking any evidence from the applicant to the contrary, the Board must rely on the presumption of
regularity and found no wrongful action by the Air Force, and finds the discharge proper and without basis
for upgrade.

If he can provide additional documented information to substantiate an issue, the applicant should consider
exercising his right to make a personal appearance before the Board. If he should choose to exercise his
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments and contributions to the

community.

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
™

FD2002-00525
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

| | (Former 2LT) (HGH 2LT)
on MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr USAF 17 Jul 97 UP AFI 36-
3207 (Triable by Court Martial). Appeals for General Discharge.

2. BACKGROUND:

a. DOB: 7 May 65. Enlmt Age: 18 4/12. Disch Age: 32 2/12. Educ: Masters
Degree. AFQT: N/A. A-37, E-54, G-41, M-22, PAFSC: 13B3F - Command & Control
Operations Adjutant. DAS: 13 Aug 95.

b. Prior Sv: (1) AFRes 8 Sep 83 - 7 Jun 84 (9 months) (Inactive) .

(2) Enlisted as AB 8 Jun 84 for 4 yrs. Reenlisted as SRA 3
Mar 88 for 4 yrs. Reenlisted 5 Dec 91 for 4yrs. Extended 6 Dec 94 for 3 months.
Svd: 11 yrs 2 months 3 days, all AMS. Amn - 8 Dec 84. A1C ~- 8 Aug 85. SrA/Sgt-
(APR Indicates): 8 Jun 87-7 Jun 88. SSgt-(EPR Indicates): 6 Sep 90-30 Aug 91.
TSgt - 1 Jul 94. APRs: 9,9,9,9. EPRs: 5,5,5,5,5,5.
3. SERVICE UNDER REVIEW:

a. Ordered to EAD as 2Lt 11 Aug 95. Svd: 1 Yrs 11 Mo 6 Das, all AMS.

b. Grade Status: None.

c. Time Lost: None.

d. Art 15’s: None.

e. Additional: Unknown.

£. CM: None.

g. Record of SV: il Aug 95 - 10 Aug 96 Hurlburt Field NE (Annual) REF

(Discharged from Hurlburt Field)

h. Awards & Decs: AFAM W/1 DEV, AFCM W/1 DEV, AFLSA W/2 DEVS, AFTR,
AFOSTR, NDSM, AFOUA.

i. Stmt of Sv: TMS: (13) Yrs (10) Mos (10) Das
TAMS: (13) Yrs (1) Mos (10) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 2 Dec 02.
(Change Discharge to General)
FD2002-00525
ISSUES ATTACHED TO BRIEF.

ATCH
1. Applicant's Issues.

9APRO3/ia