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AF | DRB | CY2005 | FD2005-00221
Original file (FD2005-00221.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

  

 

 

 

 

 

 

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW

S -OUNSE : NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

   
 

 

 

 

 

 

 

 

 

MEMBER SITTING HON GEN UOTHC OTHER DENY
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ISSUES INDEX NUMBER
A94.05

 

 

A66.00

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

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BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPEARANCE

 

HEARING DATE CASE NUMBER

20 Dec 2005 FD-2005-00221
ram ET a be os

 

 

 

    

   

 

Case heard at Washington, D.C.
Advise applicant of the decision of the Board, the right to a personal appearance with/without 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.

 

    

 

 

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER

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FD-2005-00221

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority
for the discharge, and change the reenlistment code.

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, change of reason and authority for discharge, and change of
reenlistment code are 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 a General Discharge for Misconduct, specifically, Drug Abuse. 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. Applicant states that his discharge
did not take into account the good things he did while in the service. The DRB took note of the applicant's
duty performance as documented by his performance reports, letters of recommendation and other
accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the

applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which
were the basis for this case.

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
FD2005-00221

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ly (Former SGT) (HGH SGT)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr AL ANG, Birmingham, AL on 5
Oct 92 UP ANGR 39-10, Chapter 8, Section C (Misconduct - Drug Abuse). Appeals
for Honorable Discharge, and to Change the RE Code, Reason and Authority for
Discharge.

 

2. BACKGROUND:

a. DOB: 24 Sep 59. Enlmt Age: 19 2/12. Disch Age: 33 0/12. Educ: HS DIPL.
AFOT: N/A. A-77, E-55, G-57, M-91. PAFSC: 45254M - Tactical Aircraft
Maintenance Specialist. DAS: 10 Sep 91.

b. Prior Sv: (1) AFRes 15 Dec 78 -—- 21 Jan 79 (1 month 7 days) (Inactive).

(2) Enld USAF as AB 22 Jan 79 for 4 yrs. Swvd: 3 yrs 4 months
24 days, all AMS. Sgt - 1 Oct 81.

(3) Enlisted TennANG as Sgt 16 Jun 82. Reenlisted 31 Jul 90
for 3 yrs. Svd: 3 yrs 7 months 4 days (Inactive). No performance reports

available.
33 SERVICE UNDER REVIEW:

a. Enlisted AL ANG as Sgt 6 Sep 91 for 3 yrs. Svd: 1 Yrs 1 Mo O Das,
(Inactive)

b. Grade Status: None.

c. Time Lost: None.

d. Art 15’s: None.

e. Additional: Unknown.

£. CM: None.

g. Record of SV: None.

h. Awards & Decs: AFTR, AFGCM, HSM, AFAM, NDSM.

i. Stmt of Sv: TMS: (8) Yrs (2) Mos (6) Das
TAMS: (3) Yrs (4) Mos (24) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 1 Jun 05.
(Change Discharge to Honorable, and Change the RE Code, Reason and Authority
FD2005-00221

for Discharge)

Issue 1: My discharge was inequitable because it was based on one isolated
incident in 98 months of service with no other adverse action.

Issue 2: Military Reenlistment Eligibility (RE)Code harsh. Military
Service of Airman Excellent/Two active AFSC/Three previous Honorable Discharges.

Issue 3: No prior military or civilian convictions.
ATCH
1. Three Honorable Discharge Certificates.

2. Three NGB Forms 22.
3. DD Form 214.

153UL05/ia

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