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Decision Text

AF | DRB | CY2006 | FD2005-00456
Original file (FD2005-00456.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST M1I)DLE  INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE  GEN 

PERSONAL APPEARANCE 

NAME OF COIINSEL AND OR ORGANlZATlON 

YES 

No 

I 

X 

RECORD REVIEW 

ADDRESS AND OR ORCANlLATlON OF COllNSEL 

X 

X 

: -1 

I 

I 

I 

EX&lf4lTs I~&MITTLD TI)+g@E BOARD 

ORDER APPOTNTTNG 'I  I IE  BOARD 
APPI.ICA? ION FOR REVIEW OF DISCHARGE 

1 
2 
3  (  LETTER OF NOTIFICA'TION 
1  BRIEF OF PERSONNEL IILE 
4 

COUNSEL'S  RELEASE '1'0  THE BOARD 

PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAI, APPEARANCE HE 

1 

.....-.-....-.-....------------------ 

ISSUES 

A94.05 

INDEX NUMBER 

A66.00 

/  HEARINS DATE 
1  14 Sep 2006 

CASE NIIMBEH 

I  FD-2005-00456 

I 

I 

1 

I 

APPLICANT'S ISSUE AND TH6 B O A W S  DECISIONAb; IUTIONAL. ARE DISCUSSED ON THE ATTACHED AIR FORCF DISCHARGE REVIEW BOARD DECISION44 RATIONA1.E 

Case heard in  Washington, D.C 

Advise applicant of the decision of the Board, the right to a pcrsonal appearance withJwithout counsel, and the right to submit an 
application to the AFBCMR 

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

SAFIMRRR 
550 C S T m E T  WEST, SUlTE 40 
RANDOLPH AFB. TX 781 50-4742 

~NDOI&!MENT, 

k'KOM. 

DATE:  9128n006 

StCRETARY OF TIIE AIR  FOR( t PERSOlhEL COllhCII 
AIR FORCF 1)ISCHARLE REVIEW BOARD 
15)s COMMAlD DR. EE WIYG. 3RD FI OOK 
ANDREWS AFB,  ~ ~ ' 2 0 7 6 2 - 7 0 0 2  

AFAQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00456 

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  evidence  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, the applicant contends his discharge was inequitable because it was too harsh. 
He states that he was told by command, verbally as well as in writing, that his overall service had been 
honorable with the exception of the drug abuse.  The records indicated the applicant received a DD Form 
214 for his active duty (AGR tour) from June 8, 1990 through April 9,2000.  In accordance with Air 
National Guard Instruction 36-3201, Air National Gzlurd Separation Documents, all members separated or 
discharged from the Air National Guard will be issued an NGB Form 22, Report c~'Sepnrution/Discharge 
and Record o f  Service.  The NGB Form 22 is used to document "all"  creditable service (to include active 
duty).  During his last term of service (3 years, 3 months, 4 days), the Arizona Air National Guard 
documented his character of service as general under honorable conditions with the authority and reason as 
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. 

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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHAFtGE REVIEW BOARD 

ANDREWS AFB, MD 

( Former TSgt )  ( HGH MSGT ) 

C - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C  

1.  MATTER UNDER REVIEW: 

Appl rec'd a GENERAL Disch from l6lst ARW, Phoenix, AZ on 03 Oct 2000 UP AFI 36-3209, 
para 3.21.3.2 (Misconduct - Drug Abuse). Appeals for Upgrade Discharge 

2.  BACKGROUND: 

a.  DOB: 18 May 1960  Enlmt Age: 17  Disch Age: 40  Educ: High School 

AFQT:  A-86  E-70  G-86  M-84  DAS: 30 Jun 1987 
PAFSC:  2S03 1 - Supply Management 

b.  Prior Sv:  (1)  Enlisted in U.S. Navy 26 May 77 for 4 yrs.  Reenlisted 24 Mar 81 for 4 yrs.  Svd: 7 

yrs 9 months 27 days, a1.l AMS,  AZ3(E4) - 16 Sul79.  AZ2(E5) - 16 May 8 1. 

(2)  Enlisted AS SSgt 30 Sun 87 for 3 yrs,  Two extentions totalling 7 yrs.  Svd: 10 yrs 0 

months 0 days, of which AMS is 7yrs 00 months 22 days.  TSgt - 5 May 90.  MSgt - 5 May 92. 
TSgt - 5 May 92 (Demotion without prejudice),  Active Duty Performance Reports: Excellent, 
Excellent, Superior, Excellent, Satisfactory, Excellent. 

3.  SERVICE UNDER REYIEW: 

a. Enld as TSgt  on 30 Jun 1997 for 6 Years.  Svd:  03 yrs 03 months 04 days, of which AMS is 02 yrs 

09 months 09 days. 

b. Grade Status:  None. 

c. Time Lost: 

None. 

d. Art  15's: 

None. 

e. Additional: 

None. 

f. Court Martial: 

None. 

g. Record of SV: 

08 Sun 97 - 29 Mar 98  Sky Harbor IAP  Marginal  (CRO) 
13 Apr 98 - 01 May 99  Sky Harbor IAP  Satisfactory (Annual) 

h. Awards and Decs:  AFAM W/2 OLCS, NCOPMER, NAVYGCM, N & MCEM, AFOUA W/Valor 

W/1 OLC, NEA, MUC, NDSM, SSDR, AFTR, AFLSAR, ARFMSM W/3 OLCS, 
ADF RES W/3 OLCS. 

i. Statement of Sv: 

TMS:  21 years 1 months 1 days 

TAMS :  17 years 10 months 22 days 

4.  BASIS ADVANCED FOR REVIEW: 

ISSUES ATTACHED TO BRIEF. 

ATCH 

1. Applicants Issues. 
2. Four DD Forms 2 14. 
3. NGB 22. 

4. A R E ~ M W W ~ A R E A T T A C H E D T O ~ A P P ~ ~ ~  
r: -1: 
DD PI4 d&d  22 March  19851 - Charader of Servlce - "Honorable* 
- 
US Navy 
A U N G  - 363st ARWmOC  OD 214 dated 9 April 2000 - Chancter of Setvice - "Honorablem 
b." rmWMEM'r 2: 
f~aflonal ~uaml3uneau ma% Pa. dated 3 October P#U  - Character of Senrlce - *Generat Under Honorable Conditions* 

~ a a c i r p k & d w t o f p r ~ f - o s p s c e k ~ . ~  

c, DDCU1JIEM3: 

. . - -. -. 

- --. 

I 

8.  ISSUES 

The Board will amsider any issue submitted by you priw to dwkrg the case for deliberation,  The Board will also w i e w  the mse to 
m

determine whether there are any issues that pmide a basis for upgrading your discharge.  However. the Board is nat required to ~
\ r ( r r i t i n g w i s s u e s ~ ~ t o y a u ~ ~ ~ m W s t d w ~ t e d b y - e r e ~ M .  
that Pertab to Block 8 prfor to compkhg this pwt d the appkatkn,  1f  you need more space, submit addlhat issues on an anpchment. 

 
~ o l i y r e a d t h e ~ ~ - o n s  

In 

d

On 9 ApnY  2000,l was discharged from the Arizona Air National Guard, 161st Air Refueling Wng under Title 

10 with an "Honorablem discharge.  This 1s reflected on document 1, llD Form 214, under the character of 
serWe sectlan also dated 9 April 2000. 
' , In Isle +€OW 2000, I mceived via the USPS, document 3.  The National Guard Bureau (NGB) had sent me a 
"Report of SepaMon and Record of S&cem  or NGB Form 22.  Item #24 of this form indicates that my 
chakcter of sewice was not honorable but mther a "General Under Honorable Condiffons..'  1 was dumb 
founded by tltA major discrepancy between these two documents, which hadapparently been prepared and 
siqned by the same individual. 
,  , ~ u i e u t  a daub4 my dismissal from active duty, Titlo 10, with less than 2 years remaining until my ellgirbiity 
@r a full military rettrement was to be reatized, that by m y  violating the DOD's zero totelance reggrding 
~ n t k l l e d  sub&nces  was inexcusabk and most regrettable on m y  behalf: 7Bis resulted in my 'iriimediate 
df%mir&aI from active duty.  I understood and accepted these consequences as my faith.  However, I had been 
h  ** -fdd my command had verbal/y, as we// as in writing, (Dl3 2i4) that overall my service had been honorable and 
h@GLpt stifiultifi~n witr, ure onry ~ c e p t ~ o f i  
rq@hievq+ents and dedication b the mi-, 
S@oiaIi&g  exteirdedduty as a Recruit Company Commander as NCOfC of C2 for the alert SIOP, f had, averall 
&gee# my country honorably.  Certainty I felt this way as well, then andhow. 
' 
It Is tar these m t e d  and document reasons, I therefom respectfully request that a Recoml Rieview Board 
@ake my charsctw of sewice, which WOW be reflected on all applicable documents contained within m y  
: 
sewlce record, indicate my character of sewice as "Honorablem, without stipulation. 

to utis being my sutistanee aitius& prolj~erns. .MJ  many 

servke in Desert Stop, certification as a Master Tmining 

-4.. 

In advance of your an ffcipated courtesks, I thank you. 

1 gjl* 

$ C&RJIFICAT(QN 
S t m m m n t .  W-S. lhd% T i  18, section 1007, 
"W.1 
a.  O A Y E m M D @ I  

' 

N 

E h  fhgcdng statements as par€  uf my applkaticln wit31 full knowledge of the penaltks intrdved for willfully making a Fake 

that an inclvidualshdl be be finedr this ti&  orknpkmdrmt more than Syrpars, 

b. w h l ~ y ~ ~ . - . . - . 1 . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

ARMY 

NAVY & W I N E  CORPS 

AIR FORCE 

COAST GUARD 

eevletw Beads Aganty 
Diykiw, St.  h i s  

$- 
.+qy: , smR-peR-sl 
.sf$!?pw=  f i m m  
$t)  $ O W  ?@a 631 32-5200 
) ~ ~ ~ ~ ~ ~ a ~ . a r n ~ - ~ t a g u n . n t i ~ f  
' @pFZIM PS3,  DEC 2000 

~ v a l ~ ~ P e r s w # r e l ~ r d s  
SAFIMIBR 
720 Kwnm $#a, S.E. 
5 5 0 4  Sweet West,  Suite 40 
Km.  3 W  (NDRB) 
Randolph AFB.  TX  781 50.4742 
Wa-tan 
20374-5023 

Navy Yard, DC 

Commandant (G-WPM) 
2100 Semnd Street S.W. 
Washington. aC 2059343301 
*  - 
Pa$2  of 4 PagO 

ARIZONA AIR NATIONAL  GUARD 

1 6 1   MILITARY  PERSONNEL FLIGHT 

PHOENIX,  AX  85034-7263 

~ersonnel Data-Privacy Act of 1974  (5 USC . 5 5 2 a )  

SPECIAL ORDER 
A0  - 

3 

- - - - .  

TSGI -----------------------------------.--- 
GLENDALE,  AZ  85302-3715)  is relieved from assignment with the 161 LOGISTICS 
SQUAD  (ASILF2JF1,  AzANG,  3200  EAST OLD  TOWER  RD, PHOENIX,  AZ  85034-6098  and 
discharged from the AzmG  and as a  Reserve of the Air Force effective 03 
OCT 0 0 .   Type Discharge:  General under honorable conditions.  The verbal 
order of The Adjutant General on 03 OCT 00 is confirmed, circumstances 
prevented written order in advance.  Authority: AFI  3 6 - 3 2 0 9 .  

(MailingAddress:  4 5 3 5 W E V A S T  

FOR  THE  COMMANDER 

DISTRIBUTION  : F 



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