AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

---  --  - 

- - 

UITIAL) 

TYPE UOTH  I 
1 

I 

, 

I 

PERSONAL APPEARANCE 

I 

.(  NAME OF COUNSEL AND OR ORGANUATION 

GRADE 

. . .. 

MAJ 

I 

I 

X

I

I 

 

RECORDREVIEW 

I 

ADDRESS AND OR ORGANUATION OF COUNSEL 

MEMBER SITTING 

$ 3  

2  $  , , , & t * ~ $ ~ e ,  , 

HON 

: ;. 
$@EyF-%  ~ O A ~ :
I  OTHER 

I  UOTHC 

, 

-

-

,

\

,

 

,

 

, 

GEN 

 
I  DENY 

ISSUES  A94.05 

INDEX NUMBER  A67. 

HEAFUNG DATE 

CASE NUMBER 

15 Dec 2005 
APPLICANT'S lSSW APID THE B O W S  DECISIONAL RATIONAL ARE DISCUSSU) ON 

FD-2005-00147 

-  -  - -  -  -  -  -  - 

/  Case heard at Washington, D.C. 

1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

ATTACHED AJR  FORCE DlSCHARGE REVIEW BOARD W C I S l O W  RATIONALE 

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. 

-- 

lUi 

I 

SAFIMRBR 
550 C STREET WEST.  SUITE 40 
RANDOLPH AFB, TX 78150-4742 

INDORSEMENT 

-  - 

I  FROM. 

-  -- 

. 

DATE:  1211912005 

- 

-. - 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00147 

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

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

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS: The discharge is upgraded to general. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  applicant  substantiates  an 
impropriety that  would  justify  a  change  of  discharge.  However,  based  upon  the  record  and  evidence 
provided by  applicant, the Board  finds the applicant's  UOTHC discharge is too harsh and upgrades it to a 
General. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Under Other Than Honorable Conditions (UOTHC) discharge for misconduct, 
specifically, drug use.  The Board concluded the UOTHC was too harsh and upgraded the applicant to a 
General discharge.  The Board could not upgrade to an Honorable due to the inconsistencies in the 
applicant's  issue.  He stated, "At  a routine security clearance in my mid 40s, I was asked about and gave a 
truthful accounting of marijuana use during my 20s and I was subsequently given an OTH discharge." 
However, he then subsequently stated he "had  not used drugs since my 30s nor have I since."  Based on 
applicant's account, it appears he used drugs in his 20's and 30's.  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 DRI3 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. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's service is more accurately reflected by a General discharge under the provisions of Title 10, USC 
1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  M D  

(Former MAJ) (HGH MAJ) 

(MISSING DISCHARGE DOCUMENTS &  SMR) 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTH Disch fr Lowry AFB, CO on 9 Oct 97 UP 
AFI 36-3209 (Misconduct). Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Sep 49.  Enlmt Age: 30 7/12.  Disch Age: 48 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-N/A,  E-N/A,  G-N/A, M-N/A. PAFSC: TO8075 -  Instructor, Intel 
Applications Officer. DAS: 1 May 89. 

b.  Prior Sv: (1) AFRes 1 May 80 -  26 Oct 80 (5 months 25 days) (~nactive). 

days, all AMS. 

(2) Enlisted as SSgt 27 Oct 80 for 6 yrs.  Svd: 3 months 7 

3.  SERVICE UNDER REVIEW: 

a.  Appt to 2Lt &  ordered to EAD 4 Feb 81. Svd: 16 Yrs 8 Mo 5 Das, of which 

AMS is 7 yrs 9 months 4 days. 

b.  Grade Status:  Major -  Unknown. 
Capt -  4 Feb 85 
1Lt -  4 Feb 83 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: Unknown. 

f.  CM:  None. 

g.  Record of SV: 29 May 81 -  28 Nov 81 
29 Nov 81 -  28 May 82 
29 May 82 -  28 Nov 82 
29 Nov 82 -  28 May 83 
29 May 83 -  28 Nov 83 
29 Nov 83 -  06 May 84 
07 May 84 -  06 May 85 
07 May 85 -  30 Apr 89 
01 May 89 -  30 Apr 91 
01 May 91 -  30 Apr 92 
01 May 92 -  30 Apr 93 
01 May 93 -  30 Sep 93 
01 Oct 93 -  30 Sep 94 

Ramstein AB  01  (Semiannual) 
Ramstein AB  01  (Semiannual) 
Ramstein AB  01  (Semiannual) 
Ramstein AB  01  (Semiannual) 
Ramstein AB  01  (Semiannual) 
Ramstein AB  01  (CRO) 
Lowry AFB 
No Report Required 
Fort Belvoir  MS  (HAF Dir) 
MS  (Annual) 
Kelly AFB 
Kel 1 y AFB 
MS  (Annual) 
MS  (CRO) 
Kelly AFB 
Peterson AFB  MS  (Annual) 

02  (Annual) 

h.  Awards &  Decs:  NDSM, AFTR, AFLSAR, AFOSLTR, AFCM. 

i.  Stmt of Sv:  TMS:  (17) Yrs  ( 5 )  Mos  (9) Das 
TAMS:  (8) Yrs  (0) MOS (12) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Jun 05. 

(Change Discharge to Honorable) 

Issue 1:  I request that the "other than honorable" discharge from service 

dated 19971009 be upgraded to an honorable discharge.  Current and historical 
references for character and performance can be provided.  At a routine security 
clearance in my mid 40s, I was asked about and gave a truthful accounting of 
marijuana use during my 20s and I was subsequently given an OTH discharge.  I 
had not used drugs since my 30s nor have I since.  I never used illicit drugs on 
duty, was never found with any on my possession, nor was I ever prosecuted for 
illegal drug use.  Furthermore, I received an honorable discharge from my first 
discharge from active duty that actually covered the period in question.  I was 
unaware that I was allowed to appeal this rating until just recently.  At age 
55, I would greatly appreciate having this purged from my otherwise exemplary 
record and have my final discharge changed to honorable. 

ATCH 
1. Discharge Order, CL-002, 9 Oct 97. 
2. DD Form 214, 15 Jul 85. 
3. DD Form 214, 03 Feb 81. 
4. FL-142. 
5. DD Form 149, 25 Mar 05. 

DEPARTHENT OF THE AIR  FORCE 

HEADQUARTERS AIR  RESERVE PERSONNEL CENTER 

6760 E IRVINGTON PL X1700 
DENVER COLORADO 80280-1700 

I 

RESERVE ORDER NUMBER 
CL-002 

DATE 
9 OCT 97 

BY DIRECTION OF THE PRESIDENT, THE ABOVE NAMED OFFICER  IS 
RELIEVED FROH ASSIGNHENT,  HQ  ARPC  (NARS/NA), THIS STATION,  AND  IS 
DISCHARGED UNDER OTHER THAN HONORABLE CONDITIONS FROH ALL 
APPOINTMENTS IN THE UNITED STATES AIR  FORCE EFFECTIVE 9 OCT -  97. 
AUTHORITY: AFI 36-3209. 

FOR THE COMMANDER 

OFFICIAL 

HANAGEMENT 

DISTRIBUTION 

CL PLUS