AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  AFSNISSAN 
--------------- 
--------------- 

MSGT 

X 

RECORD REVIEW 

YAME OF SERVICE MEMBER (LAST, FlRST MIDDLE INITIAL) 
........................... 

PERSONAL APPEARANCE 

L..-.-..-..-....-..--------' 

'YpE  UOTH 

YLS 

No 
X 

NAME OF COIINSEL AND OR ORGANIZATION 

AIjUKbSS AN0 OR ORGANIZATION OF COUhSEL 

1 

ISSUES 

A94.05 

INDEX NUMBER 

A66.00 

IlEARlNG DATE 

CASE NUMBER 

X 

X 

X 

X 

X 

f& 

"*fig $xH~K~W-'' 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 

I  ION  FOR  REVIPW Oli DISC1 IARGb 

AI'I'I.ICA 
Lt7'l F.R OF NOTIFICATION 
BRIEF OF PEIISONNbL F1l.b 
COUNSEL'S  RELEASE TO THE BOARD 
ADIJITIONAL  EXIIIRITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

'I  APE a C O R D I N G  OF PERSONAL APPEARANCE HL 

22 Sep 2006 
APPI.ICANT'S  ISSUe AND THE BOARD'S DEClSlONAL R A T I O N & ' W   DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

I 

I 

Zase heard in  Washington, D.C 

4dvise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an 
~pplication 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 781 50-4742 

- -. - 

SECRET.\R\  OF THE AIR FORCE P E R S O h E L  C O L C l L  
AIR FORCE DISCHARGE REVIEW BOARD 
1535COMMAhn DR. EE H'lNC.3RD  FLOOR 
ANDREWS AFB, ~ ~ ' 2 0 1 6 2 - 1 0 0 2  

~  ~ 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOAR11 DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00334 

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 discharge is denied. 

The  Board  finds  that  neither  the  evidencc  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

-------- 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
He cites his discharge characterization was improper and that he should have received an honorable 
discharge in accordance with AFI 36-3209.  The records indicated the applicant received an Under Other 
Than Honorable discharge for misconduct, commission of a serious offense - 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.  The board noted the 
applicant cited the case of l..-..-lv.  Secretary of Defense in support-of his contention that he should receive 
an upgrade to an honorable discharge.  Unfortunately for the applicant, the information he provided and in 
his case file is insufficient to demonstrate that the case is applicable to his situation.  If he has proof that his 
alleged drug use either did not occur or occurred while he was in a civilian status, he should present this 
evidence to the DRB.  Additionally, he should be aware that even if it is applicable to his case, the Wood 
case does not mandate he necessarily receive an hoilorable service characterization.  Typically, reservists 
who are separated for drug use in civilian status receive an under honorable conditions (general) discharge. 
However, the applicant may be able to show that an honorable conditions discharge is appropriate in his 
case. 

If he can provide additional documented information to substantiate an issue, the applicant should considcr 
exercising his right to make a personal appearance before the Board.  Jf he should choose to exercise his 
right to a personal appearance hearing, the applicai~t should be prepared to provide the DRB 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  dischargc  was  consistent  with  thc 
procedural  and  substantive  requirements  of thc  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 MSGT)  (HGH MSGT) 

MISSING DOCUMENTS 

1.  MATTER  UNDER REVIEW:  Appl rec'd a UOTH Disch Zr McGuire AFB, NJ on 20 May 97 
UP AFI 36-3209 (Misconduct -  Commission of a Serious Offense -  Drug Abuse). 
Appeals for Honorable Discharge. 
2 .  BACKGROUND : 

a. DOB: 20 Oct 50.  Enlmt Age: 32 9/12.  Disch Age: 46 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-Unknown,  E-Unknown,  G-Unknown,  M-Unknown. PAFSC: X4N071 - 
Aircrew Aerospace Medical Service Craftsman. DAS: 27 Jul 83. 

b.  Prior Sv: (1) Enlisted AFRes as A1C 27 Jul 83 for 6 yrs.  Reenlisted 
AFRes as SSgt 15 Jul 89 for 3 yrs.  Svd: 08 yrs 10 months 03 days, of which AMS 
is 01 yr 01 month 03 days.  SrA -  Unknown.  SSgt -  Unknown.  TSgt  -  01 Jul 89. 
No performance reports in file. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted AFRes as TSgt 20 Jun 92 for 6 yrs. Svd: 04 Yrs 11 Mo 00 Das, 

of which AMS is 01 yr 10 months 15 days. 

b.  Grade Status:  MSgt  -  Unknown. 

c,  Time Lost:  None. 

d.  Art 15's:  Unknown. 

e.  Additional: None 

f.  CM:  None. 

g.  Record of SV: Unknown. 

h.  Awards &  Decs:  AFAM, AFOUA W/1 DEV, CRM W/1 DEV, AFRFMSM W/l DEV, 

AFLSAR, AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (13) Yrs  (09) Mos  (24) Das 
TAMS: (03) Yrs  (00) MOS (09) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 16 Aug 05. 

(Change Discharge to Honorable) 

Issue 1:  Discharge characterization is improper.  It should be honorable in 
accordance with AFI 36-3209, para A2.2 et seq; AFR  20-10, para 19e; DODD 1332.28 
para 4 and:-:E 

Secretary - of Defense. 

, - - - - - - . 

ATCH 
None. 

DEPARTMEW OF THB AIR FORCE 

HEWQUARTERS AIR FORCE RESERVE COMMAND 

155 2ND STREET 

ROBINS AIRFORCB BASB, GEOROlA  3 1098-1 635 

 

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