AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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NAME O F  COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION  O F  COUNSEL 

VOTE OF THE BOARD 

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IVDEX VllhlBER 

A67.70 

/  HEARING DATE 
1  20 Oct 2005 

CASE NUblBER 

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IBITS SUBhZITI'ED TO THE BOARD 

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ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW O F  DISCHARGE 
LETTER  O F  NOTIFICATION 
BRIEF O F  PERSONNEL FILE 
COUNSEL'S RELEASE T O  THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED A T  TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING O F  PERSONAL APPEARANCE 

APPI.ICANT'S  ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON THE A'l rACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

Names and votes will be made available to the applicant at the applicant's request. 

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INDORSEMENT 

TO: 

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

DATE:  10/20/2085 
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FROM: 

SECRETARY O F T H E  AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COhfhlAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, n u ,  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00231 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 20 Oct 2005. 

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

FINDINGS:  The Board grants the requested  relief.  The discharge is upgraded to Honorable. 

ISSUE: Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received  a General (Under Honorable Conditions) discharge from the West Virginia Air National 
Guard on 8 Jan 2005 for misconduct - drug abuse.  The applicant tested positive for marijuana during a UTA 
weekend in 2004.  The Board found that the member has had an exemplary 28 satisfactory years of service 
for retirement. One year and eight months of that time he served on active duty.  During that time, the 
applicant served 10 months in Vietnam as an Army Infantryman.  He also received the Bronze Star and two 
Purple Hearts (unconfirmed).  The applicant stated that the misconduct was the only blemish in an otherwise 
outstanding military career and that he was truly sorry for his indiscretion.  The Board concluded that relief 
is warranted based upon consideration of the applicant's  service record.  However, the Board did not 
condone the misconduct. 

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 an Honorable discharge. 

Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former TSGT) (HGH TSGT) 

MISSING  DOCUMENTS 

1 .   MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Martinsburg, WV on 8 Jan 05 
UP AFI 36-3209, para 3.21.3.2 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 12 Feb 50. Enlmt Age: 20 1/12.  Disch Age: 54 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-50,  E-43,  G-64,  M-63. PAFSC: 2T271 - Air Transportation 
Technician. DAS: 28 Mar 87. 

b.  Prior Sv: US Army Active Duty 12 Mar 70 -  12 Nov 71.  USAR 13 Nov 71 - 

1 M a r  76.  USARNG 15 Oct 77 -  27 Mar 87.  ANG 28 Mar 87 -  27 Mar 02.  Svd: 15 yrs 
5 months 3 days, of which AMS is 1 yr 8 months 1 day.  E-1 thru E-5 unknown. 
TSgt 21 Aug 98.  No performance reports available. 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Reenlisted ANG as TSgt 28 Mar 02 for 3 yrs. Svd: 2 Yrs 9 Mo 10 Das, 

(Inactive) 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: 17 SEP 04 -  Positive urinalysis (See Adjutant General 

letter dated 21 Dec 04). 

f.  CM:  None. 

g.  Record of SV: Unknown. 

h.  Awards &  Decs:  BS, AESM, ACM, NDSM, VSM, VCM W/60 DEVS, AFOUA, AFTR, 

AFLSAR W/5 DEVS, AFRESM, ARFMSM, ADFRM. 

i.  Stmt of Sv:  TMS:  (33) Yrs  (02) Mos  (05) Das 

TAMS:  (1) Yrs  ( 8 )   Mos  (1) Das 

4 .   -  B A S I S   ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 4 Jun 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

To: The board of Corrections of Air Force Records 

SAF/mib 
550- C Street West, Suite 40 

ould like to have my General Discharge fiom the Air Force 
changed and returned to an Honorable Discharge.  I feel after spending twenty-eight 
years, eight months and one day serving my country, fiom being drafted to Vietnam, to 
present day that I have earned, deserved the honor of honorable discharge.  The action 
that occurred was not a responsible action, but spending time with five of my veteran 
fiends on a weekend get away, I made a dumb mistake,  I never though that this was a 
risk to my future. 

At the time I had also started my paperwork to retire from the service to spend time 

with my  family.  My service record started in the Army in  1970-71 when I was drafted to 
go to Vietnam.  I signed up in 1977 in the Army Guard in Virginia until 1987, which 
after my service in the Army Guard I made the switch to the Air Guard in Martinsburg, 
WVA fiom 1987 until September -October 2004. 

I ,am interested in doing whatever it takes to retunn my honorable status to my discharge; 
and to restore my benefits and my identification privileges for bases within my count* 
and worldwide.  Atter 28 years of serving my country, I hope that you can see your way 
clear to return mflmmrable  Discharge and my benefits. 

, 

Thank You 
sincerely 

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STATE OF WEST VIRGlllVIA (ANG) 

ADJUTANT GENERAL'S DEPARTMENT 

1703 COONSKIN DIUVE 

CHARLESTON, WV  2531 1-1 085 

Personnel Data-Privacy Act of 1974 (5 USC 552a) 

SPECIAL ORDER 
AM-67 

21 December 2004 

@OR:  212  Opequon 
TECHNICAL  SERGEAN 
Avenue, Winchester, VA 22 
Aerial Port Squadron, 
222  Sabre Jet Boulevard, Martinsburg, WV  25401,  and discharged from the West Vir,oinia  Air 
National Guard and as a ResAF with a General Discharge Under Honorable Conditions effective 

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--  8 January 2005. AUTHORITY:  AFI 36-3209, Paragraph 3.2 1 3.2, SPD:  JPB. 

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BY ORDER OF THE GOVERNOR 

" f i e  Adjutant General 

DISTRIBUTION  . 

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State of West. Vir-Ga 

OFFICE OF THE ADJUTANT GENERAL 

1703 COONSKIN DRIVE 

CHARLESTON, WEST VIRGINIA 253 1 1- 1085 

The Adjutant General 

21 December 2004 

SUBJECT:  F$al  Decision on Recommendation for Involuntary Discharge 

MEMORANDUM FO 

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1.  References: 

Winchester, VA  22601 

: Recommendation for 

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b.  167  APSICC  Letter,  dated  2  October  2004,  SUBJECT:  Recommendation  for 

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Involuntary Discharge 

c.  Your Memorandum,  dated 2 October 2004, SUBJECT:  Selection of RightsIOptions 

Due to Action under kF136-3209 

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d.  Air Foice Instruction 36-3209, ;1 F e E r u q  1998 

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2.  Reference  l a  contains  your  commander's recommendation for involuntary  discharge based 
upon AFI 36-3209, paragraph 3.21.3.2,-Mis~onduct/D~mg Abuse.  The specific reason for your 
discharge is your positive urinalysis on  or about  17 Sep 04.  Your memorandum,  reference  l c  
above, contained your waiver of yourright to submit statements oidocuments in your behalf. 

3.  As separation authority for the West Virginia Air ~ational"Guard(WVAN~), 
I have carefully 
and hlly reviewed and-evaluated your commander's recommendatiq-n.  I have decided to accept 
the recommendation that you be dischirged from the WVANG.  You will be  discharged with a 
General Under Honorable  characterization  Your  discharge will be  effective at 2400  hours,  8 
January2005.  Attached hereto are two copies of TAG, WV Special Order (ANG) AM-67,  dated 
21  Dec  2004,  which  effects  your  discharge.  You  will  receive  a  NGB  Form  22,  Report  of 
Separation and Record of-service, from your Military Personnel Flight (MPF) in the near.future. 

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4.  You are hereby directed to report to your unit commander on or before S January 2005 for the 
purpose of turning in  any organizational clothing or equipment that you might have in order to 
clear the base.  This decision on your case is final and may not be further appealed. 

1 Atch 
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Cy to:  HQWVANGICCIJA 

167AWlCC 
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1 6 7 A P ~ l c ~  
167 MPF 
SPR 

 he Adjutant General 

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