Search Decisions

Decision Text

AF | DRB | CY2004 | FD2004-00162
Original file (FD2004-00162.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

I  AIC 

AFSNISSAN 

MEMBER SITTING 

I  ORDER APPOINTING THE BOARD 

1  1 
1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 
1  3  1  LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

HEARING DATE 

I 

CASE NUMBER 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

TO: 

I 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

1 
1 

I 
(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNClL 
AIR  FORCE  DISCHARGE  REMEW BOARD 
1535 COMMAND DR  LE WING. 3RD FLOOR 
ANDREWS AEB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2  

Previous edition will be used 

I 
1 
1 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00162 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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  the  applicant  substantiates  an 
inequity or impropriety that would justify a change of discharge. 

ISSUE:  Applicant was discharged for having a personality disorder.  The records indicated the applicant 
had also received an Article 15 for failure to go.  Applicant now contends he was experiencing emotional 
stress due to his wife's  miscarriage while he was deployed, her infidelity while he was deployed, and the 
subsequent dissolution of his marriage.  His "reaction to these extreme events" was to "drink heavily."  He 
also claims he approached the chain of command for assistance without success.  Unfortunately, member's 
discharge processing files, personnel files, and medical record were all unavailable to the Board for review 
due to being missing from the record.  Because member's discharge file was unavailable to the Board for 
review, the Board was unable to conclusively ascertain if there was more misconduct on member's  part that 
formed additional bases for the discharge.  The Board also could not determine if at the time of the discharge 
member consulted counsel, submitted statements on his own behalf, or waived those rights.  The Board is 
not able to substantiate any inequity or impropriety in the discharge actions, and lacking documented 
evidence from the applicant to the contrary, the Board relies on the presumption of regularity and finds the 
discharge proper and without basis for an upgrade. 

If he can provide additional documented information to substantiate his issues, 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 as well as any 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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH A1C) 

MISSING DISCHARGE DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Scott AFB, IL on 15 Feb 91 UP 
AFI 36-3208, para 5.11.1 (Personality   is order) .  Appeals for Honorable 
Discharge. 
2 .  BACKGROUND : 

a. DOB: 3 Nov 70.  Enlmt Age: 17 2/12.  Disch Age: 20 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-Unknown,  E-Unknown,  G-Unknown, M-Unknown. PAFSC: Unknown. 
DAS: Unknown. 

b.  Prior Sv:  (1) AFRes 15 Jan 88 -  24 Nov 88 (10 months 10 

days) (Inactive) . 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 25 Nov 88 for 4 yrs. Svd: 2 Yrs 2 Mo 22 Das, all AMS. 

b.  Grade Status:  A1C -  Unknown 
A m  -  Unknown 

c.  Time Lost:  None 

d.  Art 15's:  (1) 14 Nov 89, Scott AFB, IL -  Article 86.  In that you 

did, on or about 6 Nov 89, without authority, fail to go 
at the time prescribed to your appointed place of duty. 
Suspended reduction to AB.  Seven days correctional 
custody.  (No appeal) (No mitigation) 

e.  Additional: Unknown. 

f.  CM:  Unknown 

g.  Record of SV: Unknown. 

h.  Awards &  Decs:  NDSM, SWASM W/l BSS, SAEMR, AFTR 

i.  Stmt of Sv:  TMS:  (3) Yrs  (1) Mos  (1) Das 

TAMS:  (2) Yrs  (2) Mos  (23) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 30 Apr 04. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BREIF. 

ATCH 
1. Applicant's Issues. 
2. Four Letters of Recommendation. 
3. College Transcript. 
4. Phi Cheta Kappa Certificate. 
5. DD Form 214  (Member 1&4) 

7.  SUPPORTING DOCUMENTS (Xas applicable) (Please print name and Social Security Number on each document-) 

U WILL NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVlCE RECORDS. 
MI  ARE LISTED BELOW AND ARE ATTACHED TO TWS APPUCATION: (Continue on a plain sheet ofpaper i f m m  space h needed.) 

I 

I 

PC(  / ( . ~ t - n  OF R c - t a ~ m ~ - w o ~ ; r ~ o ~ - ~ r / ~ o ~ ~  

- /A/L  CC,ARL-R 
, 

- 

- 

- 

c.  DOCUMENT 3: 

- 

8.  ISSUES 

The Board will consider any issue submitted by you prior t o  closing the case for deliberation.  The Board will also review the case to 

determine whether there are any issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
writing to issues of concern to you unless those issues are listed or incorporated by specific reference below.  Carefully read the instruaions 
that pertain to Block 8 prior t o  completing this part of the application.  If you need more space, submit additional issues on an attachment. 

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY S U B M m D .  

9.  CERTIFICATION 

I make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully making a false 

statement.  (U.S. Code,  Title 18, Section  1001, provides that an individwlshall be fined under this title or imprisoned not more than S p m ,  
or both.) 

ARMY 

Army Review Boards Agency 
Support Division, St.  L w i s  
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St. Louis, MO  63132-5200 
(See http:llarba.army.pentagon.miI) 
DD FORM 293, DEC 2000 

NAVY & MARINE CORPS 

AIR FORCE 

COAST GUARD 

Naval Council of Personnel Boards 
720 Kennon Street,  S.E. 
Rrn. 309 (NDRB) 
Washington Navy Yard,  DC 
20374-5023 

SAFIMIBR 
550-C Street West.  Suite 40 
Randolph AFB.  TX  781 50-4742 

Commandant (G-WPM) 
2100 Second Street.  S.W. 
Washington.  DC  20593-0001 

Page 2 of 4 Pages 

Application for Review of Discharge or Dismissal fi-om the Armed Forces of 

the United States 

7-d) Copy of Letter of Recommendation used for Tutoring Center- 

7-e)  Unofficial Cop of Hdlsborough Community Colleges Transcripts 
7-0  Copy of Induction Certificate into the National Honor Society 
7-h)  Copy of DD Form 2 14 

8) Issue 2 

I would like my discharge changed fkom General Under Honorable 

Conditions to Honorable.  First, prior to my deployment for Desert Shield, I 
was a member of the Scott Air Force Base Honor Guard and served at 
several funerals.  Second, during my deployment, I worked for the Electrical 
Shop during the day which was my assigned duties, but I also volunteered to 
serve for the Water Treatment Shop at night because they were short handed. 
I do not believe these actions to be those of an average Airman, but one that 
put the needs of the military ahead of his own.  I would like my discharge to 
be upgraded to reflect the character shown by these actions. 



Similar Decisions

  • AF | DRB | CY2004 | FD2004-00120

    Original file (FD2004-00120.pdf) Auto-classification: Denied

    However, based upon the record and evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF ATCH 1 . I have requested that temporary identification cards be issued IAW AFR 30-20, paragraph 2-9.

  • AF | DRB | CY2003 | FD2003-00239

    Original file (FD2003-00239.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING REuw._ NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) ; GRADE AFSN/SSAN aeons AB nie PERSONAL APPEARANCE X RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION TADORESS AND OR GRGANIZATION OF COUNSEL “VOTE OF THE BOARD MEMBERS SITTING oN GEN vorac Sree “DENY ISSUES A94.05 INDEX NUMBER A68.00 : EXHIBITS SUBMITTED 10: THE BOARD ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL'S...

  • AF | DRB | CY2006 | FD2004-00087

    Original file (FD2004-00087.pdf) Auto-classification: Denied

    Although these disciplinary actions were not basis for applicant's discharge the Board took these into account when reviewing the applicant's service record. 'The applicant's record supports the fact that the applicant failed to progress satisfactorily in her 5-level upgrade training, therefore the Board concluded that the characterization and reason of the discharge received by the applicant to be appropriate. You show a lack in progress on your upgrade training, as evidenced by AF Form...

  • AF | DRB | CY2004 | FD2004-00082

    Original file (FD2004-00082.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD ( AFSNISSAN NAME O F SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) Tl.PE GEN I 1 NAME O F COUNSEL AND OR ORGANIZATION PERSONAL APPEARANCE I I MEMBER SITTING I 1 c-..-..-..-..-....--------------a ISSUES A94.06 A02.17 A92.22 A39.00 INDEX NUMBER A65.00 HEARING DATE CASE NUMBER 1 GRADE 1 SRA I X I I I RECORDREVIEW ADDRESS AND OR ORGANIZATION O F COUNSEL - - - HON GEN UOTHC VOTE OF'I HE BOARD - - - I OTHER ( I EXHIBITS SUBMITTED TO THE BOARD 1 I ORDER...

  • AF | DRB | CY2006 | FD2006-00059

    Original file (FD2006-00059.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief DEPARTMENT OF THE A I R FORCE A I R FORCE DISCHARGE REVIEW BOARD ANDREWS A F B , MD (Former SSGT) (HGH SSGT) I n c o m p l e t e R e c o r d s & N o Disch Pkg 1. A2C (E3) - 01 Sep 58 c. Time Lost: 23 Feb 68 - 21 Jul 88 (20 years 4 months 29 days). Issue 1: On January 30, 2006, I submitted an application to re-open my clain (sic) for serivce connected disability, which was denied previously due to my discharge was other than honorable conditions.

  • AF | DRB | CY2007 | FD2006-00205

    Original file (FD2006-00205.pdf) Auto-classification: Denied

    The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge. The records indicated the applicant received two Article 15's for misconduct. (Change Discharge to Honorable) Issue 1: 1 request an upgrade in order to use my benefits from the G.I.

  • AF | DRB | CY2007 | FD2006-00077

    Original file (FD2006-00077.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD VAME OF SERVICE MEMBER (LAST, FIRST MlDDLE INITIAL) .------------------------, . Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00077 GENERAL: The applicant appeals for upgrade of discharge to honorable. APPLICANT DATA (The person whose discharge is to be reviewed).

  • AF | DRB | CY2007 | FD2006-00273

    Original file (FD2006-00273.pdf) Auto-classification: Denied

    The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge. DAS: 20 Dec 02. b. SERVICE UNDER REVIEW: a. Enlisted as AB 18 Jun 02 for 4 yrs.

  • AF | DRB | CY2007 | FD2006-00176

    Original file (FD2006-00176.pdf) Auto-classification: Denied

    Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an application to the AFBCMR Names and votes will be made available to the applicant at the applicant's request. ' d. Art 15's: (1) 11 Aug 00, Edwards AFB, CA - Article 125. The commander exercising special court-martial convening authority (SPCM) jurisdiction or a higher authority will decide whether you will be discharged or retained in the Air Force, and if you...

  • AF | DRB | CY2004 | FD2003-00232

    Original file (FD2003-00232.pdf) Auto-classification: Denied

    The applicant's records reveal medical issues, which if known by the separation authority at the time of the applicant's discharge, could have led to a different conclusion concerning characterization of the applicant's service. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former A1C) (HGH SRA) FD2003-00232 1. For this offense you received a Letter of Reprimand (LOR), dated 29 Mar 96 with an Unfavorable Information File (UIF) entry.