AIR FORCE DISCIIARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE  UOTH  I 

I 

PERSONAL APPEARANCE 

GRADE 

SSGT 

IX 

1 

RECORDREVIEW 

1  AFSNISSAN 

I 

NAhlE O F  COUNSEL AND O R  ORGANllATlON 

ADDRESS AND OR ORGANIZATION O F  COUNSEL 

I I 

MEMBER SITTING 

~

G

E

UOTHC 

N

OTHER 

 

DENY 

ISSUES 

A94.05 

INDEX NUMBER 

A84.00 

I 

1 
2 
3 
4 

I  I-; 

EXHIBITS SUBlWlTED TO THE BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION FOR  REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TLME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDWG  OF PERSONAL APPEARANCE 

HEARING DATE 

1 I 21 Oct 2005 

FD-2005-00138 

CASE NUMBER 

APPI.ICANT'S  ISSUF ANl)'lllE  BOARD'S DECISIONAL  RATIONAL AKE DISCUSSED ON THE ATTALXED AIR  FORCE DISCJ3ARGE REVIEW  BOARD DECISIONAL RATIONALE 

I 

I 

I 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout 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. 

TO- 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

INDORSEMENT 

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I  FROM: 

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DATE:  10/2112Dl?5. 

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Sb ('RETAR\  O F  THE ,\In  FORCE PERSONSFL 0
AIR FORCE DIS('1MRCF  REYIEIV  HOARD 
1535 COMMAND D S  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

1

 V ' I L  

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00138 

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 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 contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant  received  an  Under  Other  Than  Honorable  Discharge  from  the  Indiana  Air  National  Guard  for 
misconduct.  The misconduct  included  unsatisfactory  participation.  The  applicant  missed  more  than  nine 
unexcused unit training assemblies.  He was properly notified that his actions could result  in discharge.  The 
applicant also had over  18 years of satisfactory service and knew about his duty and responsibility to the Air 
National  Guard.  The  DRB  opined  that  through  these  administrative  actions,  the  applicant  had  ample 
opportunities  to  change  his  negative  behavior.  The  Board  concluded  the  misconduct  was  a  significant 
departure from conduct expected of all military members.  The characterization of the discharge received by 
the applicant was found to be appropriate. 

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 SSGT) (HGH TSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTHC Disch fr HQ Indiana Air National 
Guard on 24 Jan 03 UP AFI 36-3209, para 3.13.2 (Unsatisfactory Participation). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 7 Sep 60.  Enlmt Age: 18 0/12.  Disch Age: 42 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-37,  E-68,  G-50,  M-80. PAFSC: IN071 -  Intel Craftsman. 
DAS: 30 Jan 97. 

b.  Prior Sv:  (1) AFRes Enlisted USMCR as E-1 13 Sep 78 for 6 yrs.  Svd: 5 

mos 20 days, of which AMS is 1 month 3 days. 

(2)  Enlisted ANG as AB 8 Sep 81 for 4 yrs.  Reenlisted ANG 

as SSgt 8 Aug 85 for 6 yrs.  Extended 14 Jul 91 for 72 months.  Svd: 13 yrs 5 
months 14 days, of which AMS is 4 yrs 0 months 0 days.  AMN  -  Unknown.  A1C - 
Unknown.  SrA -  1 Aug  83.  Sgt -  1 Aug 84.  SSgt -  1 Nov 84.  TSgt -  14 Sep 87. 
APRS/EPRS: 0. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted ANG as TSgt 30 Jan 97 for 6 yrs. Svd: 5 Yrs 11 Mo 25 Das, of 

which AMS is 4 months 2 days  (excludes 1 month 11 days lost time). 

b.  Grade Status:  SSgt -  16 May 95  (Voluntary Demotion) 

c.  Time Lost:  14 Apr  02 thru 22 Apr  02 &  15 May 02 thru 16 Jun 02  (1 

month 11 days). 

d.  Art  15's:  None. 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM, AFLSAR, SAEMR. 

i.  Stmt of Sv:  TMS:  (19) Yrs (3) Mos  (28) Das 

TAMS:  (4) Yrs (3) Mos  (25) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Mar 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Copy of Military Personnel Record. 

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions  o n  Pages 3 a n d  4 BEFORE completing this application.) 

F o r m  A p p r o v e d  
OMB NO. 0704-0004 
Expires A ug 3 1, 2006 

The public reporting  burden for this collection of  intamation is  estimated to average 30 minutes per response,  including the time for reviewing inswctions,  searching exlsthg data sources. 
gathering and maintaining the data needed. and completing  and reviewing the collection of  information.  Send wmmentj regarding this burden esfmate or any other  aspect of this collection 
of information.  including suggestions for reducing the burden,  t o  Oeparment of Defense. Washington Headquarters Services,  Directorate for Informaion Operations and Reports (0704-00041, 
1215 Jefferson  Davis Highway, Suite  1204, Arlington.  VA  22202-4302.  Respondents should be aware that notwiItutanding  any mhn provision of law,  no person shan be subject t o  any 
penalty b r  failing to comply wiIh a collection of information if if does not display a currently valid OMB control number. 

'  PLEASE  DO NOT RETURN YOUR  FORM TO THE ABOVE ADDRESS.  RETURN  COMPLETED FORM TO THE APPROPRIATE  ADDRESS ON  BACK OF  THIS PAGE. 

PRIVACY ACT STATEMENT 

AUTHORITY:  10 U.S.C.  1553; E.O. 9397. 
PRINCIPAL PURPOSEIS):  To apply for a change in the characterization or  reason for military discharge issued to an individual. 
ROUTINE USEIS):  None. 
DISCLOSURE:  Voluntary;  however,  failure t o  provide identifying information may impede processing of this application.  The request for 
Social Security  Number is strictlv t o  assure DroDer identification of the individual and a ~ ~ r o ~ r i a t e  
records. 
1 )( (  AIR  FORCE 

1 1.  APPLICANT DATA  rThe oerson w h o s e  discharoe i s  t o  be reviewed).  PLEASE PRINT OR TYPE INFORMATION. 
. 
a.  BRANCH  OF  SERVICE /X one) 

MARINE CORPS 

COASTGUARD 

N A W  

- 

. 

I  c.  GRADERANK AT  DISCHARGE 

I d.  SOCIAL SECURllY NUMBER 

( b.  NAME /Last,  First,  Middle /niTialj 

I / W W M M D D )  /If date is more than  1 5  years 

ago,  submit a DD Form  149) 

f 

1 
I 

I 

HONORABLE 

.- --.--...-..- 

,. I 
1 K I  CHANGE TO HONORABLE 
1  CHANGE  TO GENERAUUNDER 
1 
I 
1  HONORABLE  CONDITIONS 

- 

- 

-  - - - - -  - 

9.  TYPE OF REVIEW REQUESTED (X one) 
X 

CONDUCT A  RECORD R M E W  OF MY  DISCHARGE BASED ON  MY  MIUTARY  PERSONNEL FILE  AND ANY  ADDITIONAL  DOCUMENTATION 
SUBMllTED BY  ME.  I AND/OR  IcounseUrepresentativeI WILL NOT APPEAR BEFORE  THE BOARD. 
I ANDIOR  /counseUrepresentative/  WlSH T O  APPEAR AT  A  HEARING AT  NO EXPENSE  TO THE GOVERNMENT BEFORE THE BOARD IN  THE 
WASHINGTON, D.C.  M!FlROPOUTAN  AREA. 
I ANDIOR (cwnseUrepresentative) WlSH TO APPEAR AT A  HEARING AT  NO EXPENSE  TO THE GOVERNMENT BEFORE A TRAVEUNG PANEL CLOSEST TO 
/NOTE:  The Navy Discharge Review Board does n o t  have a  traveling panel.] 
(enter city and statel 

10.a.  COUNSELlREPRESENTATlVE (If  anyl  NAME (Last,  First, Middle Initial) AND ADDRESS 

' 

/See /tern  1 0  of the mst.-xiions  about counsel/reprsentative.) 

b.  TELEPHONE NUMBER (Indude Area  Code) 

c.  E-MAIL 

I 

DEATH OR  INC 

11.  APPLICANT MUST SIGN I N  ITEM 13.a.  BELOW.  I f  the record in ouestion is that of a deceased or incom~etent Derson.  LEGAL PROOF OF 

- -  

~~ 

d.  FAX NUMBER llnclude Area  Codel 
I 

. 
ON.  I f  the application is signed by other than the applicant,  indicate 
and relationship by m 

. ~~  ~ . -  

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~ 

16. REMARKS (If applicable) 

e 

h 

wfl/t/LluMyPegrzO 

U A J ~ U -   Z-  B ~ W C  fi- 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

I 

NAVY AND MARINE CORPS 
. - 

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

COAST GUARD 

U.S. Coast Guard 
Commandant (G-WPM) 
2100 Second Street,  S.W.  Room 5500 
Washington,  DC  20593 

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Page 2 of 4  Pages 

1 

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ARMY 

Army Review Boards Agency 
Support Division,  St.  Louis 
. 
9700 Page Avenue 
St.  Louis,  MO  631 32-5200 
(See http://arba.army.pentagon.mil) 

AIR  FORCE 

Air Force Review Boards Agency 
SAFlMRBR  . 
550-C  Street West,  Suite 4 0  
~andolph AFB,  TX  781 50-4742 

. 

DD FORM 293, AUG 2003 

INDIANA AlR NATIONAL GUARD 
Hq 122d FIGHTER WING (ACC) 

FORT WAYNE INTERNATIONAL AIRPORT (IAP) 

FORT WAYNE INDIANA 

8 December 2002 

MEMORANDUM FOR SSgt 

FROM:  1 ~ ~ M ~ s / c c  

( 

3 005 Ferguson Road 
Fort Wayne, IAP, IN 46809-0 122 

SUBJECT:. Letter of Notification of Involuntary Discharge Action 

1.  I am recommending your discharge from the Air National Guard of the United States and as a 
Reserve of the Air Force.  The authority for this action is AFI 36-3209, Separation and 
Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 
3.13.2, for the specific reason of:  Unsatisfactory Participation.  I am recommending that your 
service be characterized as Under Other Than Honorable Conditions.  The State Adjutant 
General is the h a 1  discharge authority for this action. 

) 
- 

My reason for this action is as follows:  Your failure to attend 24 and 25 August 2002, 7 
2. 
and 8 September 2002,5 and 6 October 2002,2 and 3 November 2002,7 and 8 December 2002, 
periods 1,2,3,4. 

3.  You have the right to consult with military legal counsel:  1 8 1 

DSN 
You may also consult with civilian counsel, retained at your own expense, or request 

specific military counsel of your choice if such counsel is serving in an active status in any 
branch of the armed forces of the United States, and is reasomhly'available in accordance with 
AFI 5 1-201, Administration of Military Justice. 

I 

4.  You have the right, at any time, to submit any statements or documents to be considered by , 
the discharge authority in the disposition of this case.  A request for or waiver of a board hearing 
does not affect your right to submit such statements or documents at any time. 

5.  You may waive your right to consult with counsel, your right to an administrative discharge 
board hearing, and your right to submit any statements or documents to the discharge authority, 
after you have had the opportunity to consult with counsel.  Within fifteen (1 5) days after the 
receipt of this Letter of Notification, you (or your counsel) must sign, date and return Attachment 
2,  "Member's  Election of Rights,"  to me, indicating your decision on each of the rights stated 
therein.  Either you, or your counsel, may submit a written request for an extension of time in 
which to submit your reply; the request for an extension of time must state the reasons for the 
requested delay and how much additional time is needed to deliver your reply.  The decision 
whether to grant the additional time is discretionary with the appropriate authority. 

1 

F p z e - d  /33 

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.

 

6.  Within 24 hours of receipt of this Letter of Notification, you must execute and return 
Attachment 1 to this Letter, acknowledging your receipt of this Letter of ~otifieation and the 
attachments. 

7.  Within fifteen (15) days of receipt of this Letter of Notification, you must return Attachment 
2 to this letter, to my attention, electing one of the following:  (a) You may request an 
administrative discharge board hearing; or (b) You may waive your right to an administrative 
discharge board hearing; or (c) If you are eligible, you may make application for transfer to the 
Retired Reserve. 

. 

I' 

8.  If you request an administrative discharge board hearing, you must indikate q o n  Attachment 
2 the following:  (a) whether you want representation by military counsel, or whether you request 
representation by military counsel of your choice (in which case you must identify the military 
counsel by name, grade, organization and telephone number), or whether you will be represented 
by civilian counsel (in which case you will identify the civilian counsel by name, address and 
telephone number); (b) provide a tmmmary of the expected testimony of the witnesses on the 
issue of separation or characterization, and an explanation why written or recorded testimony of 
the witnesses could not be presented to the board hearing for a fair determination of the case. 

9.  If you fail to appear at a scheduled administrative discharge board hearing after having 
indicated your intention to make a personal appearance at such hearing, the administrative 
discharge board hearing may be heard in you absence.  If you request an administrative discharge 
board,  and if you are in civilian confinement and unable to attend the board hearing, the board 
hearing will proceed in your absence and your legal counsel may present your case to the board 
on your behalf. 

10.  1f either you, or your legal counsel, need additional time to prepare foi the board hearing, 
you, or your legal counsel, may submit to the Legal Advisor for the Board Hearing a written 
request for delay of the board hearing, stating the reasons for the delay and how much additional 
time is requested.  The Legal Advisor for the Board Hearing is the authority for approval or 
disapproval of such requests. 

11.  If you fail to acknowledge receipt of the letter, or, if within fifteen (15) days after receipt of 
the letter you fail to respond to this letter regarding you decision of selection as to each of your 
rights, such failure constitutes a waiver of all of your rights, with the result that this case will be 
processed without an administrative discharge board hearing based on the information available, 
and without further notice to you. 

f ~ m 5 - ~ / 3  8 

22.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974 (AFI 
36-3209, Attachment 14). A copy of AFI 36-3209, Separation ind Retirement Procedures for 
Air National Guard and Air Force Reserve Members, is available for your use in the 122MSF, 
Room 129, Fort Wayne IAP, IN. 

Commander, 122MD S 

Attachments: 
I.  Member's  Acknowledgment of Receipt of Notice 
2.  Member's Election of Rights 
3.  Supporting Documents 
4.  Privacy Act  Statement