Search Decisions

Decision Text

AF | DRB | CY2006 | FD2005-00309
Original file (FD2005-00309.pdf) Auto-classification: Denied
TI 

AIR FORCE 1)ISCHARCE REVIEW BOARD HEARING RECORD 

E INITIAL) 

GRADE 

I 

- -   .. 

AND OK OWGANlZnllON OF COUNSLL 

- 
ISSUES  A92.21 
A92.36 

INDEX NUMBER 

A66.00 

I  ORDER APPOINTlNG TtlE BOARD 

1 
2  I  APPLlcATloN FOR  REvlEw OF DlscHARGE 

LETTER OF NOTlFlCATlON 

PERSONAL APPEARANCE 

HEARING DATE 

1  14 Peb 2006 
AI'FLICANT'S ISSUE AND THF MART)'$  DEX ISIONAL RATIONAL ARE DlXUSSEDDN THE ATTACHED AIR FQR@  PJSCHARGE REVIEW BOARD DEX'ISIONAL RA7WAL.B  .  . a  ' 
1  Case heard at Washington, D.C. 

I 

I 

I 

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. 

+ RE Code 
* Reason and Authority 

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

AIR FORCE PERSONNEI,  COUNCIL 
GE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
QNDREWS AFB, MD 20762-7002 

AFlIQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1 
i 

I 

Alll FORCE IIISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBER 

FD-20U5-00309 

GENERAL:  'I'he  applicant  appeals  fbr  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for thc discharge, and to change the reenlistment code. 

'l'he applicant  was offered a personal appearance before  the Discharge Review Board (DKB) 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  dischargc  and  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are 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. 

ISSUES: 

1.  Applicant contends his discharge was inequitable because it was based on one isolated incident. The 
records indicated the applicant received an Article  15 for misconduct.  The misconduct incl~ided underage 
drinking and wrongfully inhaling nitrous oxide (huffing). The DRB discussed the Air Force drug abuse 
policy.  The Board concluded the misconduct was a significant departure from conduct expected of all 
military members. 
be appropriate. 

'I'hc  basis and characterization of the discharge received by the applicant were found to 

2.  Applicant requests that his discharge be upgraded because of his post-service activities.  The DRB was 
pleased to see that the applicant was doing well, has a good job, and is enrolled in college.  flowever, no 
inequity or impropriety in his dischargc was suggested or found in the course of the hearing.  The 
characteri;lation  of the discharge received by the applicant was found to be appropriate. 

CONCLUSIONS:  The  Discharge  Review  I3oard  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive requircrnents  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 Rrief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former AB)  (HGH AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Sheppard AFB, TX on 5  Nov 04 
UP AFI 3 6 - 3 2 0 8 ,   para  5 . 5 4   (Misconduct  -  Drug Abuse).  Appeals  for Honorable 
Discharge, and to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Sep 8 5 .   Enlmt Age: 18 1 / 1 2 .   Disch Age: 1 9   1/12. Educ: HS DIPL 

E-88,  G - 7 6 ,   M-67. PAFSC: 2A513C  -  Integrated Avionics 

AFQT:  N/A.  A - 8 6 ,  
Systems Helper. DAS: 18 Jun 04. 

b.  Prior S v :   (1) AFRes 24 Oct 03 -  8 Mas 04  ( 4   months 1 3   days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 9 Mar 04 for 6 yrs. Svd: 00 Yrs 07 Mo 28 Das, all AMS 

b.  Grade Status:  None. 

c.  Time Lost:  None 

d.  Art  15's:  (1) 1 Oct 04, Sheppard AFB, TX -  Article 92.  You, who knew 

or should have known of your duties at or near Wichita 
Falls, Texas, on divers occasions between on or about 25 
Jul 04 and on or about 21 Aug 04, were derelict in the 
performance of those duties in that you  willfully failed 
to refrain from consuming alcoholic beverages while 
under the legal drinking age of 21, as it was your duty 
to do.  Article 134.  You did, on or about 25 Jul 04, 
wrongfully inhale nitrous oxide from a balloon, with the 
intent to become intoxicated, which conduct under the 
circumstances was to the prejudice of good order and 
discipline in the armed forces.  Forfeiture of $596.00 
pay per month for 2 months.  Restriction to the limits 
of Sheppard AFB, Texas, for 30 days.  Thirty days extra 
duty and a reprimand. (No  appeal) (No mitigation) 

e.  Additional: None. 

f .  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM 

i.  Stmt of  S v :   TMS:  (01) Yrs  (00) Mos  (13) Das 
TAMS:  (00) Yrs  (07) Mos  ( 2 8 )   Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm  2 9 3 )   dtd 2 3   Jul  0 5 .  

(Change Discharge to Honorable, and  Change t h e   RE Code, Reason and Authority 

for Discharge) 

ISSUES  ATTACHED  TO  BRIEF. 

ATCH 
1. Applicant's Issues. 
2 .   DD  Form 214  (Member  1 &  4 ) .  
3 .   DB  Form 1966. 
4. College Transcript and Payment Receipt 
5.  College Transcript. 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read instructions on Pages 3 and 4 BEFORE completing this application.) 

Form Approved 
OM6 No. 0704-0004 
Expires Aog 3 1,  2006 

The public reponing burden for this collection of information is estimated to average 30 minutes per response,  including the time for  reviewing instructions, searching existing data sources. 
gathering and malntalning the data  needed,  and completing and reviewing the collection of information.  Send comments regarding thls burden estimate or any other aspect of this ~0llection 
of  information,  including SUQgeStiOnS  for  reducing the  burden,  to the  Deparlment of  Defenw,  Executive Services and  Communications Directorate (0704-00041.  Respondents should be 
aware that notwithstanding any other provision of  law,  no person shall be subjen to any  penalty for  failing to comply with a collection of information if  it does not display a currently valid 
OM6 control number.  PLEASE DO NOT RETURN YOUR  FORM TO THE ABOVE ORGANIZATION.  RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON 
BACK OF THlS PAGE. 

I AUTHORITY:  10 U.5.C.  1553; E.O.  9397. 

PRIVACY ACT STATEMENT 

PRINCIPAL PURPOSE(S):  To  apply for a change in the characterization or  reason for military discharge issued t o  an individual. 
ROUT lNE USEIS):  None. 
DISCLOSURE:  Voluntary;  however,  failure to provide identifying information may impede processing of this application.  The request for 
Social Securitv Number is strictlv t o  assure orooer identification of  the individual and appropriate records. 
1.  APPLICANT DATA  (The person  whose discharge is to be reviewed).  PLEASE PRINT OR  TYPE INFORMATION 
a.  BRANCH OF SERVICE  (X one)  I 

MARINE  CORPS 

I  ARMY 

AIR  FORCE 

. .   . 

NAVY 

. 

. 

I 

I  UVCIY.  "".-.A"" 

h  NAME 

/ I   SF*  K-C,  , I A ; A , / I ~   I,,;+;oII 

c.  GRADEIRANK  AT DISCHARGE 

I 

c"P'*' 

*~-1'PlfV  N"MRFR 

I 

I 
I 

1 

2. DATE OF DISCHARGE OR  SWARATlON 

(YYYYMMDD) (If date is more than  75 years 
ago, submit a DD Form  7491 

Zooq*l I - m b  

3.  UNIT AND LOCATION AT DISCHARGE 
3 b  5 TPW~ 

i n  Sa  LA") 

OR  SEPARATION 

4.  DISCHARGE CHARACTERIZATION RECEIVED (Xonel  5.  BOARD ACTION REQUESTED (Xon 

x 

HONORABLE 
GENERAUUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONOWBLE CONDITIONS 
BAD CONDUCT  lSpecial court-mania1 only) 
UNCHARACTERIZED 
OTHER (Explain) 
I 

I 

)( 

-- 

CHANGE TO HONORABLE 
CHANGE TO GENERAUUNDER 
HONORABLE CONDITIONS 
CHANGE f 0 UNCHARACTERIZED 
lNot applicable for Air Force) 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 
I 

I 

6.  ISSUES:  WHY  AN UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item  14.  See instructions on 

WI\ d;4chLrl~ 

inei~L*J in q M ~ ~ . ~ ~ G Y ~ ~ ~ ~  

L b h  b*- it ~ ~ & b ~ e d  

~ C h M a & ~ u u e . -  a ~ 3 . & u u \ . X ~ r n r e   :h-c,c., 

rn L ~ N C  i d a . ~ d  

h a + o . F s b ~ & k i d u &  

t f i   0-3 & 5 t h ~ f i ~  5&$  &- 

L-ct 
~ - t a n . ~ ~ b k  
7. (X f f  applicable) AN  APPLICATION WAS P~WIOUSLY SUBMITTED ON (YYYYMMDDI 

-qLrki/t$4sr 
; t i m & a . -   @.js,blr r=-r;rli$mr~. 

AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION,  OR  EVIDENCE. 

If military documents or medical records are relevant to your case, please send copies.)  &c 

8.  IN SUPPORT OF THIS APPLICATION.  THE FOLLOWING ATTACHED DOCUME  TS ARE  UBMITTED AS EVIDENCE: (Contnue in lrem 17 
&\eF  & & k q h ~ c e  u. 

DDZlcl  V b ~ d h c r . C ,  boziq -her 

, i ? ? h ! c s  b3

Similar Decisions

  • AF | DRB | CY2006 | FD2005-00323

    Original file (FD2005-00323.pdf) Auto-classification: Denied

    MEMBER SITTING INDEX NUMBER A66.00 I I I ISSUES A94.02 A01.14 A94.12 A01.32 I HEARING DATE I I I I I I I EXHISITS SUBMITTED TO THE BOARD I 1 2 3 4 ORDER APPOINTING THE BOAUD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL 1:ILE COUNSE1,'S REI.EASE 'f0 '11 IE BOARD ADDITIONAI, EXHIBITS SUBMITTED AT T I M E OF; PERSONAL APPEARANCE I TAPE RECORDING OF PERSONAI, APPEARANCE 02 Feb 2006 -PLICANT'S FD-2005-00323 ISSUE wm BOARD'S DECXSIONAC RATIONAL A l E DISCUSSED ON...

  • AF | DRB | CY2005 | FD2005-00264

    Original file (FD2005-00264.pdf) Auto-classification: Denied

    M D 20762-7002 1 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be i~sed AIR FORCE DISCHARGE REV1 E W BOARD DECISIONAL KATIONALE CASE NUMBFR FD-2005-002& GENERAL: 'I'he applicant appeals for upgrade of discharge to honorable. The records indicated the applicant received an Article 15 for wrongfully possessing some amount of marijuana, concealing the fact that he had used mari-iuana prior to coining in the Air Force, failing to remain on Sheppard AFB, wearing civilian clothes, riding...

  • AF | DRB | CY2005 | FD2004-00498

    Original file (FD2004-00498.pdf) Auto-classification: Denied

    -- - - -- - DATE: 12/8/2005 FROM: 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 I I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2004-00498 GENERAL: The applicant appeals for upgrade of discharge to honorable. upgrade of discharge, thus the applicant's discharge should not be changed. I In view of the foregoing...

  • AF | DRB | CY2005 | FD2005-00258

    Original file (FD2005-00258.pdf) Auto-classification: Denied

    I'X 781 50-4742 FROM: SECRETARY O F THE AIR FORCE PERSONNEL COlJNClL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR EE WING, 3RD FLOOR ' ANOREWS AFB. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Seymour Johnson AFB, NC on 17 Dec 04 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct - Conduct Prejudicial to Good Order and Discipline). You did, at or near Seymour Johnson AFB, NC, between on or about 1 Feb 02 and on or about 22 Mar 02, steal a box of aircraft warning streamers, of a value...

  • AF | DRB | CY2007 | FD2005-00351

    Original file (FD2005-00351.pdf) Auto-classification: Denied

    MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NIJMBER FD-2005-00351 GENERAL: The applicant appeals for upgrade of discharge to honorable and change reason for the discharge. ISSUE 2: Applicant contends that he was promised things but they were unfulfilled by the Air Force--1) not getting the job he wanted, 2) not getting the assignnleilt he wanted and 3) not receiving the Sign In Bonus of $6,000.00 for...

  • AF | DRB | CY2006 | FD2005-00291

    Original file (FD2005-00291.pdf) Auto-classification: Denied

    (Change Discharge to Honorable, and Change the RE Code, Reason and Authority for Discharge) Issue 1: An upgrade is requested because I would like a chance the (sic) operational Air Force, or any Branch for that matter. For this misconduct you received a Letter of Reprimand (LOR) and an Unfavorable Information File was established on 10 Jun 04. b. For this misconduct you received an AF Form 174, Record of Individual Counseling on 14 Jan 04.

  • AF | DRB | CY2006 | FD2006-00007

    Original file (FD2006-00007.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 AFBCNlR Names and votes will be made available to the applicant at the applicant's request. I 1 ~ I I AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE C'ASE N I I M B t K F1)-2(,06-00(,07 GENERAL: The applicant appeals for upgrade of discharge to honorable. Copies of thc...

  • AF | DRB | CY2007 | FD2006-00368

    Original file (FD2006-00368.pdf) Auto-classification: Denied

    The records indicated the applicant received two Article 15's for misconduct. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF. Applicant's Issues.

  • AF | DRB | CY2003 | FD2003-00180

    Original file (FD2003-00180.pdf) Auto-classification: Denied

    The applicant contends her discharge was improper because of errors in disciplinary documentation, her supervisor illegally obtained her hotel receipts, and incorrect counseling regarding re-classification into alternate career fields. Legal counsel also found no evidence the applicant's supervisor acted illegally in obtaining a hotel receipt. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF Atch 1.

  • AF | DRB | CY2005 | FD2005-00022

    Original file (FD2005-00022.pdf) Auto-classification: Denied

    The records indicated the applicant received two Letters of Reprimand, two Letters of Counseling, a Letter from the commander, and a memorandum for Record for various acts of misconduct to include failure to follow directions by not reporting as directed, failing to return to duty station after being released from the medical center, failed to show for a scheduled appointment, failed to comply with military standards and for repeatedly violating a restraining order. CONCLUSIONS: The...