AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN

—
x | RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES Ag 00 INDEX NUMBER A01.13
A01.39

 

|ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
= OF PERSONNEL FILE

 

 

Ge ph |

 

 

a

 

COUNSEL’S RELEASE TO THE BOARD

[ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

 

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+

HEARING DATE CASE NUMBER

09 Sep 2010

 

 

 

 
   

   

FD-2008-00347

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Case heard in Washington, D.C.

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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.

*Reason and Authority
+Reenlistment Code

 

 

TO: , fe |

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-2008-00347

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.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined ||
and requests that the review be completed based on the available service record. |

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

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, ||
and change of reenlistment code. |

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. He further contends the
Administrative Discharge Board was prejudicial, his counsel was inadequate and lacked sufficient time to
prepare for the board, and lastly was an Army National Guard officer and lacked the experience of the Air
National Guard policy and procedures. The records indicated the applicant was discharged in accordance
with AFI 36-3209, Misconduct — Drug Abuse. 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 states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's contentions and found the seriousness of the willful
misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the
discharge was appropriate for the reasons which were the basis for this case.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

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 37, 2009
public reporting burden for tris Gf mormaton 6 estimated to average per response, mcluding the ime for reviewing ins ; Searching exising data sources, ga ai

maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other. aspect of this collection of Information, including
suggestions for reducing the burden, to the Department of Defense, Executive Services Directorate (0704-0004). Respandents should be aware that notwithstanding any other provision of law, no

person shail be subject fo any penalty for failing to comply with a collection of information If it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
TO 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.0. 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.
41. APPLICANT DATA (The person whose discharge is to be reviewed), PLEASE PRINT OR TYPE INFORMATION.

 

 

 

a. BRANCH OF SERVICE (X one) | [ ARMY | MARINE CORPS | | NAVY x< | AIR FORCE L | COAST GUARD
b. nimi is c. GRADE/RANK AT ae GE da. UMBER
@. CURRENT MAILING ADDRESS OF APPLICANT OR D IN ITEM 11 (Forward :

  

notification of any change in address.)

ICU fea 2,

2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (x one)| §. BOARD ACTION REQUESTED (X one)

 

 

 

 

 

 

 

(YYYYMMDD) (if date is more than 15 years HONORABLE , CHANGE TO HONORABLE
ago, submit a DD Form 149}
GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
2Zo00/io Gi HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITIONS GHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT RSE BAD CONDUCT (Special court-martial only) (Not applicable for Air Force)
OR SEPARATION ’ " , ;
SERVER — SEPARATION:

6. ISSUES: WHY AN UPGRADE OR CHANGE IS precngd AND wens FOR THE REQUEST (Continue in item 13. See jnstructions on

Aicek ie Fi ahingc 1¢ +

07 .)
)
v The pe | Mees a8 ine! fable vo ™ iF ae reg | Lele
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Bn oe ost oe CAKence Poin Cled TON Ary,

7. (X # applicable) AN caren WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUB ‘Cr AS EVIDENCE:,(Continue in tem
if military documenis or medical records are relevant to your case, please send copies.) re C D pre c ]

Ley bers of reverence sS recomend atin fin et 5
we +0 isch arse (Y) my appes| +o 46 © Seaabr- 5 Is leag ¢ se i
© O Kopnss ev

9. TYPE OF REVIEW REQUESTED (Xx one)

| 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) WILL NOT APPEAR BEFORE THE BOARD.
TAND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA.

TANDIOR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state) {NOTE: The Navy Discharge Review Board does not have a traveling panel.)

16.a. COUNSEL/REPRESENTATIVE (if any) NAME (Last, First, Middle Initial) AND ADDRESS
(See item 10 of the instructions about counsel/representative.)

     
  
   
  
 

 

 

 

    
 

c. E-MAIL

 

[d. FAX NUMBER (Inchide Area Code)

 

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 narve (print) and relationship by marking a box below.

     
   

   

 

  
  

CASE NUMBER
(Do not write in this space.)

 

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

b. DATE SIGNED - REQUIRED
(YYYYMMDD)

   

   
   
 

 

 
   
  
      

: Page 1 of 4 Pages
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44. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if applicable)

 
     
     
         
  

        
  

 
  
 

   

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Sx: Mise onckvet, chrud Qheus ey.

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.
ARMY NAVY AND MARINE CORPS

an my Review Boar ds Agency Naval Council of Personnel Boards
upport Division, St. Louis 720 Kennon Street, S.E.
9700 Page Avenue
Ss . Room 309 (NDRB)
t. Louis, MO 63132-5200 Washington Navy Yard, DC 20374-5023
(See hitp://arba.army.pentagon.mil)

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard
SAF/MRBR Commandant (CG-122)

550-C Street West, Suite 40 2100 Second Street, S.W. Room 5500
Randolph AFB, TX 78150-4742 Washington, DC 20593

DD FORM 293, NOV 2006 Page 2 of 4 Pages
FD2008-00347

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former MSgt) (HGH-MSgt) i
(EXAMINER’S NOTE: MISSING DISCHARGE |
PACKAGE) !

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF South Portland ANG, ME on 31 Oct 07 UP AFI

36-3209, para 3.21.3.2 (Misconduct: Drug Abuse). Appeals for an Honorable Disch, Change to RE Code and
Narrative Reason.

2. BACKGROUND:

a. DOB: 27 Jun 62 Enlmt Age: 18 8/12 Disch Age: 45 4/12 Educ: HS DIPL.

AFQT: A-74, E-72, G-74, M-99. PAFSC: 8RO000- Enlisted Accessions Recruiter
3A031 - Information Mgt Apprentice
3P031 - Security Forces Apprentice

DAS: Unknown.

b. Prior Sv: (1) AFRes 8 Sep 1980 - Unk Nov 80 (Unk Mos, Unk das).

(2) Enlisted as AB on Unk Nov 08 for 4 Yrs.
Ext Unk

(3) Reenlisted as SSgt on 18 Sep 86 for 4 Yrs.
Ext 11 Dec 87 for 16 Mos

(4) Reenlisted as SSgt on 18 Jun 90 for 5 Yrs.

(5) Reenlisted as SSgt on 6 Apr 02 for 6 Yrs

3. SERVICE UNDER REVIEW: |

a. Reenlisted as TSgt on 15 May 06 for 6 yrs Svd: Unk Yrs, Unk Mos, Unk Das, all AMS.

b. Grade Status: MSGT - 22 Aug 06
TSGT - 5 Aug 04
SSGT - 6Apr 02
SRA - Unknown.
AiC  - Unknown.
AMN~ - Unknown.

c. Time Lost: Unknown.
FD2008-00347

d. Art 15’s & Additional: Unknown.
e. CM: Unknown. |
f. Record of Sv: Unk - 10 May 06 Unk 5 (Unk).

g. Awards & Decs: AFCM w/10LC, AFAM, AFOQUA w/40LC, AFGCM w/2OLC,.ARFMSM, NDSM wi2 SS,

AFEM, GWOTSM, AFOSSTR, AFESR wW/GB, AFLS w/4OLC, AFRM w/2M DEV,
USAFPMEGR, SMEMR w/1SS, AFTR. .

 

h. Stmt of Sv. TMS: (Unk) Yrs (Unk) Mos (Unk) Das
TAMS: (Unk) Yrs (Unk) Mos (Unk) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 6 Aug 08.

ATCH: Supporting Documents (98 pages)

27APRO9/JLL
OMB No. 0704-0004
OMB approval expires
Oct 31, 2009

   
  
 
 

APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions on Pages 3 and 4 BEFORE completing.this application.)

  

   

e public reporting burde io average 30 minules per response, including the oF reviewing Instuctions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other. aspect of this collection of information, 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
person shall be subject fo any penalty for falling to comply with a collection of information if it does not display a currently valid OMB control number. PLEASE DO NOT RETURN YOUR FORM
TO 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.0. 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.

1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

a. BRANCH OF SERVICE (Xone) | | ARMY [ [ MARINE CORPS [Navy [Ix | AIR FORCE | coast GUARD
ia idinicliaaliill S cure ae GE , Bi Meee

1D IN ITEM 11 (Forward

 
   
         
 

    
 

      

     

 

 

     

 

 

   

     
     
     
   

 

   

 

(YYYYMMDD) (if date is more than 15 years
ago, submit a DD Form 149)

200710 31

 
      

HONORABLE
GENERAL/UNDER HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITIONS
BAD CONDUCT (Special court-martial anly)

UNCHARACTERIZED :

   
   

 

 
  
 
 

CHANGE TO GENERAL/UNDER
‘HONORABLE CONDITIONS

  

 

 
 
  

 

  
 
 

 

 
   

s SEARAaIG N:

 

  
 
  

  
 
      
   
  

  
   
   

is s, prclired AND JUSTIFICATION FOR THe REQUEST nebene in Item 13. See instructions on

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

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9. TYPE OF REVIEW REQUESTED (X one)

3. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SORT AS ey FE joanna in item rie
reto proe Cy AC

        
     
     

|
I
t} 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) WILL NOT APPEAR BEFORE THE BOARD.

| AND/OR (counsel/representative} WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA.

 

 

 

| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state) (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

10.a. COUNSEL/REPRESENTATIVE (if any) NAME (Last, First. Middle Initial) AND ADDRESS .
(See item 10 of the instructions about counsel/representative.}

 

 

 

od. FAX NUMBER [Include Area Code)

 

 

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 narne (print) and relationship by marking a box below.

= SPOUSE | WIDOW WIDOWER a NEXT OF KIN | | LEGAL REPRESENTATIVE OTHER (Specify)
~ CASE NUMBER

12. 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 (Do not write in this space.)

and 1007, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or beth |
b. DATE SIGNED -REQUIRED

Bo80Poo —_—*[P200r ON] |

PREVIOUS EDITION IS OBSOLETE. pon Page 1 of 4 Pages
| Reset $

 

 

 

 

a, SIGNATURE - REQUIRED (Appjiicant or person in Item 11 above}

  
  

 

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13. CONTINUATION OF ITEM 6, ISSUES (If applicable) @) rw
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14. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (If applicable)

      

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MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

   

 

      
      

ARMY NAVY AND MARINE CORPS
Army Review Boards Agency Navai Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, S.E.
9700 Page Avenue Room 309 (NDRB)
St. Louis, MO 63132-5200 Washington Navy Yard, DC 20374-5023

     

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

  

  
   

 

 

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard
SAF/MRBR Commandant (CG-122)

 

 
      
 

550-C Street West, Suite 40 ‘ 2100 Second Street, S.W. Room 5500
Randalph AFB, TX 78150-4742 Washington, DC 20593

   
 

  
   

 

 

 

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