AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

VAME OF SERVICE MEMBER (LAST, FIRST MlDDLE INITIAL) 
.------------------------, 

. - - - - - - - - - - - - - - - - - - - - - - - - I  

PERSONAL APPEARANCE 

I 

NAME OF COUNSEL AND OR ORGANIZATION 

1 

'YpE  GEN 

YES 

No 
X 

GRADE 

SRA 
I 

X 

AFSNISSAN 

366-94-6634 

RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

....................................... 

1 

ISSUES 

A94.05 

INDEX  NUMBER 

A84.00 

HEARING  DATE 

I 

CASE NUMBER 

"as  heard in  Washington, DT 

TAPE RECORDING OF PERSONAL APPEARANCE  HE 

4dvise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an 
ipplication to the AFBCMR 

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

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

- 

SECRETARY OF THE AIR  FORCE PERSONNEL  COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

(EF-V?) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00077 

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 inlpropriety that would justify  a change of discharge. 

ISSUE: 

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. 
The records indicated the applicant was separated from the Nevada Air National Guard for unsatisfactory 
participation.  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 DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former SRA) (HGH SRA) 

MISSING DISCHARGE DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr NV ANG Reno, NV on 30 Sep 00 
UP AFI 36-3209, para 3.13.2.2 (Unsatisfactory Participation).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 17 Aug 62.  Enlmt Age: 31 5/12.  Disch Age: 38 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-84,  E-96,  G-88,  M-85. PAFSC: 3M031 -  Services Specialist 
Apprentice.  DAS: Unknown. 

b.  Prior Sv: (1) AFRes 7 Jun 84 -  13 Aug 84 (2 months 7 days) (Inactive) . 

Sgt 24 Aug 89 for 4 years.  Svd:  7 years 7 months 3 days.  A1C -  Unknown.  SrA - 
28 Jan 87.  Sgt 28 Jan 88. 

(2) Enlisted AF as AB 14 Aug 84 for 6 years.  Reenlisted as 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted MI ANG as SrA 24 Jul 94 for 6 years.  Transferred to NV ANG 28 

Feb 95.  Svd: 06 Yrs 02 Mo 07 Das, AMS is unknown, no 526 available and not on 
the NGB Fm 22. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: Unknown. 

f.  CM:  None. 

g.  Record of SV: Unknown. 

h.  Awards &  Decs:  AFGCM W/1 OAK LEAF CLUSTER, NDSM, AFOSLTR W/1 OAK LEAF 

CLUSTER, AFLSAR, AFTR, NCOPMER . 

i.  Stmt of Sv:  TMS: (13) Yrs  (11) Mos  (17) Das 
TAMS:  (07) Yrs  (07) Mos  (03) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Apr 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Waiver of  ineligibility for prior service enlistment  package. 

t 

APPLICATION FORTHE REVIEW OF DISCHARGE OR  DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please read ;nstructions  on Pages 3 and 4 BEFORE completing  :his  application.) 

: 

' Form Approved 
OMB No.  0704-0004 
Expires Aug 3 1, 2006 

The public reporting burden  for  this collection of  information is  estimated to  average 3 0  minutes per response,  including the  time for  reviewing i&tructions,  searching existing data sources, 
gathe-ring and maintaining the  data needed, and completing and reviewing tha  collection of  information.  Send comments regarding this  burden estimate or  any other aspect of this collection 
of information, including suggestions for  rhucing the burden, to Department of Defense, Washington Headquarters Services,  Directorate,for Information Operations and Reports 10704-00041. 
1215Jefferson Davis Highwaj,  Suite  1204, Arlington,  VA  22202-4302.  Respondents should  be  aware that  notwithstanding any  other provision of  law,  no,persOn shall be subject to  any 
penalty foi failing to comply with a collection of information if it does not display a currently valid O M 0  control number. 
PLEASE DO NOT RETURN YOUR  FORM TO THE ABOVE ADDRESS.  RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK  OF THlS PAGE. 

PRIVACY ACT STATEMENT 

AU'THORITY:  10 U.S.C.  1553; E.O.  9397. 
PRINCIPAL PURPOSEfSl:  To apply for a change in the characterization or reason for military  discharge issued to an individu'al. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary;  however,  failure to provide identifying information may impede processing of this application.  The  request for 
Social Security Number is strictly to assure  proper  identification of the individual and appropriate records. 
I. APPLICANT DATA  (The person whose discharge is to be reviewed).  PLEASE PRINT OR  TYPE INFORMATION. 
a.  BRANCH OF SERVICE (X one) 

1  ? 1  AIR  FORCE 

I MARINE CORPS 

I  COAST GUARD 

1  NAVY 

I ARMY 

I 

I 

C-,,-....-.,..-...,..-.-.-..-.-,.-.-..-....-.. 

2.  DATE OF ~ I S C ~ A R G E  
OR  SEPARATION 
(WYYMMDD) (If date is more  than  15 years 
ago,  submit a DD Form  149) 

9000 s4w 

3.  UNIT AND LOCATION A T  DISCHARGE 

OR SEPARATION 

-  Ri r N d  C 

4.  DISCHARGE CHARACTERIZATION RECEIVED (X one) 

i2 -4 

p 

---- 

HONORABLE 
GENERALIUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT  (Special court-martial only) 
UNCHARACTERIZED 

OTHER (Explain1 

I

1

 

5.  BOARD ACTION REQUESTED (X one) 
,&' 

CHANGE TO HONORABLE 
CHANGE TO GENERALIUNDER 
HONORABLE CONDITIONS 
CHANGE TO UNCHARACTERIZED 
(Not applicable for Air Force) 
CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 

I 

I 

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

8.  IN SUPPORT OF THlS APPLICATION, THE FOLLOWING ATTACHED  DOCUMENTS ARE SUBMITTED AS EVIDENCE: /Continue in ltem  17. 

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

9.  TYPE OF REVIEW REQUESTED (X one) 

I ANDIOR  lcounsel/representative) WILL  NOT APPEAR  BEFORE THE BOARD. 

,CONDUCT  A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY  PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITTED BY ME. 
I AND/OR  (counsel/representative/ WlSH TO APPEAR AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
WASHINGTON,  D.C.  METROPOLITAN AREA. 
I ANDIOR  /counsel/representative) WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 
(NOTE:  The Navy Discharge Review Board does not have a tra'veling panel.) 
(enter cay and starel 

10.a.  COUNSELIREPRESENTATIVE (If anvl  NAME (Last. First. Middle Initiall  AND ADDRESS  I b.  TELEPHONE NUMBER flnclude Area Code) 

. 

. 

, . 

(See ltem  10 of rhe instructions about  counsel/representative.) 

c.  E-MAIL 

d.  FAX NUMBER (lnclude Area  Coda1 

I 
I 

I 
I 

I  1 I. APPLICANT MUST SIGN IN ITEM 13.a.  BELOW.  If the record in question is that of a deceased or incompetent person,  LEGAL PROOF OF 

DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the applicant.  indicate 
the name (print) 
SPOUSE 

and relationship by marking a box below. 
LEGAL REPRESENTATIVE 

NEXT OF KIN 

WIDOWER 

WIDOW 

12.a.  CURRENT MAILING ADDRESS OF APPLICANT  OR  PERSON ABOVE 
............................... 

(Forward notification of any change in address.) 

----------- 

b.  TELEPHOVENIJPIWR L I n c b v l p L C c ~ C b d e ~  

c.  E-MAIL;.-"""""::::::::::::::!------- 

'.-..,-..-  ,..-.....-.-......-..-.-..-.-..' 
13.  CERTIFICATION. 

I make the foregoing statements,  as part of my claim,  with full knowledge of the 
penalties involved for willfully making a false statement or claim.  (U.S.  Code,  Title  18, Sections 287 
and 1001, provide that an individual shall be fined under this title or imprisoned n o t  more than 5 years, 
-  - - -  ., 
or hoth I 

a.  SIGNATURE-  REQUIRED (Applicant orperson in Item  17  above) 

b.  DATE SIGNED - REQUIRED 

(YYYYMMDD) 

I 

QV P 

PREVIOUS EDITIONS ARE OBSOLETE. 

I 
D o  FORM 293,  A~  2003 U u 

-  CASE NUMBER 

(Do  n o t  write in this space.) 

Page  1 of 4 Pages 

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I J ~ L I ~ J +  

14. CONTINUATION OF IT  M 6  1  SUES (If applicablel 

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MAIL COMPLETED APPLICATIONS  TO APPROPRIATE ADDRESS BELOW. 

Army Review Boards Agency 
Support Division,  St.  Louis 
9700 Page Avenue 
St.  Louis, MO  631 32-5200 
(See http://arba.army.pentagon.mii) 

AIR  FORCE 

Air Force Review Boards Agency 
SAFIMRBR 
550-C Street West,  Suite 40 
Randolph AFB,  TX  781 50-4742 

I 

Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Room 309 (NDRBJ 
Washington  Navy Yard,  DC  20374-5023 

COASTGUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
2100 Second Street,  S.W.  Room 5500 
Washington,  DC  20593 

DD FORM 293,  AUG 2 0 0 3  

Page 2 of 4  Pages 

Memorandum 

To: 

5Vhonl It May Co~~cern 

Date:  04/07/05 

Re: 

My Separation from National Guard 

Whcn I first moved to Susanville, California, I joincd the National Guard in I :eno.  NV.  For some 
time, eveqlhing went well.  There were some issues Lhat I had to ovcrcorne,  md in doing so, I 
volunr.dn.ly separated liom thc National Guard  TIlc issues were both profess onal and personal in 
nature. 

With regards to tf~e professional issue, I had supervisors who Pvc1.e  unaware c r ignorant to Lhc rules 
and regulations governing time off for those in the reservcs and guard HOW ver, I lad to abide by 
what these supervisors told to me.  I \ms not always given time off to go to d iiI weekends. 

As  to Lhc personal issues.  these were Inore intricate.  I was going through sou .e kmilial issucs, a 
divorcc and child custody issues.  At one point, my daughter was laken from  ler mother by lhe 
Oregon CPS, and given to a foster funily.  This was done, because "Mom"  u 3s in jail, and the 
person, with whom shc [eft my daughter, .rvas "unfit"  All this was done with x ~ t  my knowledge, ler 
alone my consent, and at one point 1 had sued the Stale,o.f Oregon because oj their negligence. 

When I lud custody of my daughter, I iud no one here %nth wl~orn I couId en; rust her, ilnd nly 
supervisors at the guard had told me to,  "bring ltcr with yon.  We will all watt 11 her, atld she will 
enjoy hersell"  Nccdless lo saJ:  I did not think too highly oftllis sbtemenl, a td1 chose not to put her 
or myself into a position where any harm was possible. 

Since this time, howvever, 1 have Merent supenisors, who are indeed aware 4  f rules and regulations 
conmling h c  soldiers and sailors act.  Also, the issue with my daughter is nc  w mool, in the salse 
that she lives with her mothcr, and visitation is no longer a problem.  I,  LhereG Ire, %\till Iove the 
opportunity to join tlic rcserva, and fulNl my obligation. 

Zf you have any questions or need any documentation pertaining to Ule above, piease do no1 hsitate 
to contact me al lhe address or plione number below.  Thank you for your con idention