Search Decisions

Decision Text

AF | DRB | CY2007 | FD2005-00261
Original file (FD2005-00261.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME: OF SERVICE MEMBER (I.ASI',  FIHSI' MIDDLE INITIAL) 
...................... 

L - - - - - - - - - - - - - - - - - - - - - '  

GRAI)E 

AMN 

AFSNISSAN 
,.-..-..-..-... 

L..-..-..-....I 

PERSONAL APPEARANCE 

X 

RECORD REVIEW 

NAME OF COllNShL AND OR ORGANIZATION 

ADI)RF,SS  ANll OH OHCANILA I  ION Ob  COIINSEI, 

- 

VOTE O F  THE BOARD 

-. .  - --  -. 

HON 

( i t N  

I 

I 

EXI~B~TS SUBMITTED TO THE BOARD 

I 

I 

1  I  ORDER APPOlNTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  1.ETTER OF NOTIFICATION 

C'OIJNSt+I.'S Rb.I.b.4Sh  1'0 1 Ilk BOARD 
/\I)UITIONAl.  EXHIBITS SUBMITTED AT TIME O F  
PERSONAL APPEARANCE 

- -- 

-. . 

'IYPE GEN 

cqUNcgEL 

YES 

No 
X 

MEMBER S1~I"I'ING 

ISSUFS 

A94.05 
A62.05 

INDEX NllMBER 

A62.00 

1  HEARING  DATE 

1  CASENUMBER 

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. 

L..-r.-.r-..-..-..-..-..-....-..-..-..-..-..-..-..-..-..-..-..-.I-..-..-rl-..-..-..-..-..-..-..-..-..-.-..-I 

T 

1 

SAFIMRBR 
550 C S I'REk  1  WbS-1, SUITE 40 
RANDOLPH  AFB. TX 781 50-4742 

INDORSEMENT 

V 

bHOM, 

DATE: 2/6/2007 

SECRETARY OF TllE AIR  FORCE PERSONNEL  COUNCIL 
AIR FORCE DISCHARGE HEVIEW BOARD 
1535COMMAND DH, hE WING,3RD FLOOR 
ANI1REWS AFR. MD 11762-71~1~ 

-_I 

I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOAKD DECISIONAL RATIONALE 

CASE NllMBER 

FD-2005-00261 

m 

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. 

ISSUES:  Applicant received a General Discharge for F'raudulcnt Entry Into Military Service. 

ISSUE  1 .   Applicant  contends discharge was inequitable because it was too harsh.  He contends that his 
recruiter allowed hiin to continue with the enlistment process even though he disclosed the fiat that had 
experimented with drugs in his sophomore year.  He states his drug use was experiinental  and a one-time 
occurrence.  In addition, he served honorable and his perforinance outstanding.  A discharge is upgraded 
only if the applicant and the DRR can establish an inequity or impropriety took place at the time of 
discharge.  Unfortunately, the applicant's  discharge processing files were inissing froin the record.  Because 
the files were unavailable to the Board for review, and no evidence to substantiate any inequities or 
improprieties, the Board relies on the presumption  of regularity and finds the discharge proper and without 
basis for upgrade. 

ISSUE 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The 
Board was sympathetic to the iinpact the loss of these benefits was having on the applicant, but this is not a 
matter of inequity or impropriety which would warrant an upgrade. 

CONCLUSIONS:  The  Discharge  Kcview  Board  concludes  that  the  discharge  was  consistent  with  thc 
procedural  and  substantive  requireimcllts 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 DISCHARGE REVIEW BOARD 

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

: 

WREWS  AFB, MD 

(Former AMN)  (HGH AMN) 

MISSING ENLISTMENT DOCUMENTS, 
DISCHARGE DOCUMENTS, AND SMR 

1.  MATTER UNDER =VIEW:  Appl rec'd  a GEN Disch fr Pope AFB, NC on 18 Mar  94 UP 
AFR 39-10, para 5-14d  (Fraudulent Entry Into Military Service).  Appeals f o ~  
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Feb 73.  Enlmt Age: 18 7/12.  Disch Age: 21 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-Unknown,  E-Unknown,  G-Unknown,  M-Unknown. PAFSC: 3P032A -  Law 
Enforcement Journeyman, Military Working Dog Qualified. DAS: Unknown. 

b.  Prior Sv:  (1) AFRes 9 Oct 91 -  8 Oct 92 (00) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 17 Nov 92 for 4 yrs. Svd: 00 Yrs 00 Mo 00 Das, all AMS. 

b.  Grade Status:  Amn -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  Unknown. 

e.  Additional: Unknown. 

f.  CM:  None. 

g.  Record of SV: Unknown 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (00) Yrs  (00) Mos  (00) Das 
TAMS:  (00) Yrs  (00) Mos  (00) Das 

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

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2.  Five Letters of Performance. 
3. Mother's  Letter to the Commander. 

=..Will  not be submitted.  Please  complete review based on available service records. 

'  . 

b.  Will  be submitted within 60 days. 

C.  Will  be submitted within 
d.  Are  listed below and are attached to this application:  (Continue on a plain sheet of paper  if more 

days. 

x I 
(11 DOCUMENT  1: 

space  is  needed.) 

(2) DOCUMENT 2: 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

. . 

S R ~  

: 

inn W J  

a.  I  SUES.  The  Board will consider  any  issue  submitted  by  you  prior to closing  the  case  for  deliberation.  The 
&also 
will  review  the  case  to  determine  whether  there  are  any  issues  which  provide  a  basis  for 
upgrading your  discharge.  However,  the  Board  is  not  required to  respond  in writing  to  issues  of  concern 
to  you  unless  those  issues  are  listed  or  incor  orated  by  specific  reference  below.  Read  the  instructions 
carefully that  pertrin to block 8 prior to  competing this  part  of  the  application.  If you  need, mare space, 
submit add~tional ~ssucs on  an attachment. 

P 

ine handler in Seourity Police placed  me in an environment where  I had to  enforce  military 
law  against  those who choae t o  use and possess  drugs.'  I  could not 
(see attch) 
f %&:oompleted 
payments on  the Montegaery  G I  B i l l   just  befor my  discharge.  I  am currently 
attempting t o  attend college,  however  with great  finanoial difficulty.  I  am  also  requesting 
a  partial  relastatement  o f   my  educational  benefits if  my  discharge  is upgraded to honorable. 

I .  Mark this block if you have listed additional issues as  an attachment to this application. 
b.  I previously submitted  an  application on (Enterdate) 

and  I am completing this form  in order  to submit additional issues. 
o

issues supersede all previously submitted. 

e

 

. 

v
m b
I 
9.  CERYIFKATION 
' 

I make the foregoing statements as  pan of my  ap  lication with full  knowledge of the penalties' involvfl  f& 
willfully making a false statement: (U.XCode,  Title  8,  Section 1001,  provides a  penalty as follows:  A maximum 
fine of $10,000 or maximum imprisonment o f  5 y e a 6  or both) 

P 

ARMY 

CO,  USARCPAC 
9700 Page Slvd 
St.  Louir,  MO 63132-5200 

I 

I 
DD Form 293  Reverse,  FEB 89 

NAVY  & MARINE CORPS 
NAVAL Dischar  e Review 
801  No. Rando#~h It. 
Arltngton,  VA  22203-1991 

AIR  FORCE 
AFMPOMPCDOAl 
Randolph AFB,  TX  78150-6001 

I 

I 

COAST GUARD 
Commandant (6-PE-1) 
U.S. Coast Guard  Headq 
Washington, DC  20593-0001 

I 

' (continuation of Issue 1)  drug use or poseession or was not a habitual use."  It wae 
these instructions which prompted me  to answer "no". 

(continuation of Issue 2)  I was the only candidate aelected. 

(continuation of Issue 3)  compromise that position that position by doing something stupid 
as using druga.  In an even more stringent and awkward position, I at one time had to 
apprehend geop1e.X  know for drug usage.  I saw what happened to their lives as a result of 
their poor judgement.  I could not subject myself to that type of lifestyle.  . 

3552D UNITED STATES AIR FORCE RECRUITINQ SQUADRON  (ATC) 

WRIQHT-PATTERSON  A I R   FORCE BASE, OHIO 45133-5000 

DEPARTMENT  OF  THE AIR FORCE 

RRSERVE ORDER 
Q 

0 8   OCT  Q2 

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

The verbal  order of  the Camrmnder  0 8   QCT Q2, relieving  AIRMAN 
B A S I C   i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - - - - - - - -  
KETTERINf3  OH  4 5 4 2 8 ,   from assignment shown below and disaharging 
him/her  f r o m  the A i r   Forae Reserve, are canfirmad, circumstances 
precluded  written order#  in advance. 

J,  3 2 0 0   WALTHAM  AVENUE, 

I - - - - - - - - - - ,  

A S S 1  QNMENT:  HQ ARPC  (OR91  (NPS DEP) DENVER CO 80280 

PAFBC: 

08000 

EFFECTIVE DEP DATE: 

08  OCT 91 

EFFECTIVE DISCHAROE PATE:  08 OCT 0 2  

AUTHORITY: 
- - * - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

AFR  3 5 - 4 1 ,   Vol  111 

............................................................. 
Commandsts 

: 

D I S T R I B U T I O N :  
1  -  Indiv 
2  -  HQ  ARPC/DSMS 
1  -  MEPS  CINC 



Similar Decisions

  • AF | DRB | CY2007 | FD2006-00214

    Original file (FD2006-00214.pdf) Auto-classification: Denied

    Unfortunately, applicant's discharge processing files were unavailable to the Board for review due to being missing from the record. Because applicant's discharge file was unavailable to the Board for review, the Board was unable to conclusively ascertain the nature of misconduct on applicant's part that formed the basis for the discharge. (No appeal) (No mitigation) (2) 4 Feb 9 8 , McClellan AFB, CA - Article 113.

  • AF | DRB | CY2003 | FD2002-04513

    Original file (FD2002-04513.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARlNG RECORD I NAME OF SERVICE MEblBER (I.AS'l', FIRST WIIDDLE INITIAL) AFSNISSAN GRADE AMN 1- PERSONAL APPEARANCE NAME OF COUNSEI. I - 1 AIR FCIRCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD2002-0451 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH SRA) MISSING DISCHARGE CORRESPONDENCE 1.

  • AF | DRB | CY2003 | FD2002-0451

    Original file (FD2002-0451.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARlNG RECORD I NAME OF SERVICE MEblBER (I.AS'l', FIRST WIIDDLE INITIAL) AFSNISSAN GRADE AMN 1- PERSONAL APPEARANCE NAME OF COUNSEI. I - 1 AIR FCIRCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD2002-0451 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) (HGH SRA) MISSING DISCHARGE CORRESPONDENCE 1.

  • AF | DRB | CY2003 | FD2003-00245

    Original file (FD2003-00245.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AlC) (HGH SRA) 1. For this you received an LOR, dated 9 Sep 92. c. Since your enrollment in the WMP, 2 Apr 92, your attitude at best has been poor towards AF Standards, to wit your inability to comply with standards ai weight, and missing several Weight Management Program classes. -5,un (AF Form 10581, dated 20 May 82. h. On or about 23 Mar 92, you reported to Airman Leadership...

  • AF | DRB | CY2007 | FD2006-00111

    Original file (FD2006-00111.pdf) Auto-classification: Denied

    e. Additional: LOR, 01 JUL 92 - Late for duty and uniform not in MFR, 30 JUN 92 - Late for duty. (Examiner's Note: The following additional derogatory information was not covered anywhere else; however, is listed on the "Overview of Duty Performance, dated 25 May 92): 21 May 92 - Missed dental appointment. On or about 4 Apr 82, you reported to work late twice in three days.

  • AF | DRB | CY2007 | FD2006-00311

    Original file (FD2006-00311.pdf) Auto-classification: Denied

    3HD FI.OOR ANDREWS AFR, MD 20762-70V2 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NllMBER FD-2006-00311 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code. (Change Discharge to Honorable, and Change the RE Code, Reason for Discharge) ISSUES ATTACHED TO BRIEF. Form 174, dated 15 Oct 99, (Atch 10).

  • AF | DRB | CY2007 | FD2006-00252

    Original file (FD2006-00252.pdf) Auto-classification: Denied

    3RD FLOOR ANI)HF.WS AFB, ~ ~ ' 2 0 1 6 2 - 7 1 t O 2 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NllMBER FD-ZU06-00252 GENERAL: The applicant appeals for upgrade of discharge to honorable. 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. ...

  • AF | DRB | CY2006 | FD2005-00383

    Original file (FD2005-00383.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NLIMBhR FD-2005-00383 GENERAL: The applicant appeals for upgrade of discharge to honorable. The records indicated the applicant received an Article 15, a vacation, two Letters of Reprimand (LOR'S), Unfavorable Information File, two Records of Individual Coullseling (RIC's), dishonored check notification and an arrest for misconduct. Your actions are a violation of Article 92, for which you received a Letter of Reprimand...

  • AF | DRB | CY2007 | FD2006-00241

    Original file (FD2006-00241.pdf) Auto-classification: Denied

    MI) 211762-71102 AFHQ FORM 0-2077, JAN 00 I (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE C 9SE NUMBER FD-2006-00241 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (RGH AMN) 1. Applicant's Issues.

  • AF | DRB | CY2006 | FD2006-00123

    Original file (FD2006-00123.pdf) Auto-classification: Denied

    ~ I S C H A ~ ( : E REVIEW mmn 1535 CaMMANU UK, EE WING, 3RD FUXlR ANnREWS AFB, M D ZU7bZ-7UUZ MIIQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will bc uscd AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATIONALE CASE NUMBER FD-2006-00123 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code. DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MI3 (Former AMN) (HGH...