AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

    
 

 

 

 

MIDDLE INITIAL) GRADE
AMN
PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     

 

 

 

 

 

 

 

 

 

 

MEMBER SITTING HON GEN uoTHC | OTHER DENY
x*
x*
x*
xX*
x*
ISSUES A01.01 INDEX NUMBER A67.10 se BM 4 Jaa
A94.05 1 [ORDER APPOINTING THE BOARD
2. |APPLICATION FOR REVIEW OF DISCHARGE
3 [LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
28 Oct 2010 FD-2009-00051

 

    

INA

  

Case heard in Washington, D.C.

Advise applicant of the decision of the Board 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.

*Reason and Authority

   

§ S cu SE Ss SN an o : s 2c RS

TO:

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00051

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and
authority for the discharge.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 28 Oct 2010.

The following additional exhibits were submitted at the hearing:
Exhibit 5: Applicant’s Contentions

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge and change of reason and authority for 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:

Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15 for being drunk and disorderly. He had additional misconduct and was
administratively disciplined for being late to formation, being intoxicated on duty, and writing a check with
insufficient fund in his account. The DRB opined that through these administrative actions, the applicant
had ample opportunities to change his negative behavior. The Board concluded that the negative aspects of
the applicant’s service outweighed the positive contributions he made in his Air Force career. The
characterization of the discharge received by the applicant was found to be appropriate.

Issue 2. Applicant contends his discharge was improper because he wasn’t given the proper appeal time and
his discharge was completed within a 72 hour period. The DRB reviewed his record and made several
inquiries during his appearance, and determined that he was provided the legal counsel and exercised his
rights in accordance with the governing Air Force Instructions and policy.

Issue 3. The DRB was pleased to see that the applicant was doing well and has a good job. However, no
inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board
concluded the misconduct of the applicant appropriately characterized xxhis term of service.

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
APPLICATION FOR THE REVIEW OF DISCHARGE OMB No. 0704-0004

FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

fed to average OU Mminuies per response, i ng oi oF reviewing instruch ng d
maintaining the data needed, srieoremgiens reverent collection of information. Send comments regarding this burden estimate or eciiether eepes ol ise eskectewvel Weeumalicn: including
suggestions for reducing the ‘burden, to the Department of Defense, Executive Services Directorate (0704-0004), Respondents should be aware that notwithstanding any other provision of law, no

Frson shall be su! to any penalty for failing to comply with 2 collection of information if it does not dispia pay a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
0 THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT

AUTHORITY: 10 U.S.C. 1553; E.O. 9397.

PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

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.

RinecoRPS | [NAW [><[ARrorce | [coasTouand |

& GRADEIRANK AT DISGHAR
EH a

2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED cool RD ACTION REGU Bi
(YY YYMMDD) (if date is more than 15 years
‘ago, submit a DD Form 149) HONORABLE Sou TO HONORABLE

GENERAL/UNDER HONORABLE CONDITIONS te CHANGE se
UNDER OTHER THAN HONORABLE CONDITIONS none al rm °

3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Specia! court-martial only)

OR SEPARATION UNCHARACTERIZED
2A CAivs| ESO SQ

Barksdale ACB LA.

6. ISSUES: WHY A UPGRADE OR CHANGE IS REQUESTED AND JUS eOnOsod FOR THE REQUEST (Continue in Item 13. See instructions on

Page 3) ~h sacha AS i Wegprt ae. AiScharcee, WHS OVSee]
on one Ae cPoae une nee ees SEN Ghoste Rete mS bot Sopra sor

WAS Vat Pdmited. Porstehrmers WAS Sudo Arsh AGA ROtAGHON Comms Heol

 

 

 

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14.
if military documents or medical records are relevant to your case, please send copies.)

OP4 Special acdc “TE -399, Copy Special onda TE-399, Geed Nemocandum for aCES

4 HH 47; 11 PEAT Copy DD 314, Copyot AF Fact Dated 15120597, Copy Af tocn

20706 DA*’d al Bo a7? ¢. of artery Salat 25 99,¢ F form 91 Nol 76
Ors * Pan “SO TAA: se Rauch ie Macig! Vers (ced Are ne. SRA ES me

COC & 4 LOD >
9. TYPE OF REVIEW REQUESTED (x one)

CONDUCT A RECORD REVIEW OF MY DISCHARGE SASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | AND/OR (counseltepresentative) WILL NOT APPEAR BEFORE THE BOARD.

TANDIOR (counselvepreseniatve) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA.

EANDIOR (counsel/rep)

(enter city and stale)

 

 

"(See ftem 10 of the instructions about counsel/representative.)

11. APPLICANT MUST SIGN IN ITEM 12.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) . and relationship By marking a box below.

 

12. CERTIFICATION. | 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 not more than 5 years, or both)

b. DATE SIGNED - REG
(YYYYMMDD)

MATo{1S

PREVIOUS EDITION IS OBSOLETE, Page 1 of 4 Pages
_ FormPlowAdobe Designer 7.0
13. CONTINUATION OF ITEM 6, ISSUES (if applicable)

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15. REMARKS (If applicable)

TT would Aldo like Mediewl Records from Radford VAMC
Ganich State, A Vootk teammke Stres3 Aigner
DingnasiS, WTA aly Onset af LAYS

Te. Wpelieve this if Kova atthe time of
AShacga wil) have ChAtysech Ihe Hedoce
ANA Chactetesization that Woulal hard \acend
COo siderec\ Wororalaw. Thank Yortd c You
Ame BNO con scsrebond iO4ths mater

 
   
      
      
   
 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

  
 
    

 

 

  

ARMY NAVY AND MARINE CORPS

Army Review Boards Agency
Support Division, St. Louis

9700 Page Avenue

St. Louis, MO 63132-5200

(See hitp://arba.army.pentagon.mil)

  
  
  

 
   
   
 
    

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Room 309 (NDRB)

Washington Navy Yard, DC 20374-5023

   
   

     

 

COAST GUARD

U.S. Coast Guard
Commandant (CG-122)

2100 Second Street, S.W. Room 5500
Washington, DC 20593

 

   

AIR FORCE

   
    

    

 
    
  
  

Air Force Review Boards Agency
SAF/MRBR

550-C Street West, Suite 40
Randolph AFB, TX 78150-4742

   
 
     

DD FORM 293, NOV 2006 Page 2 of 4 Pages