AIR FORCE DISCHARGE REVIE.\\ BOARD HEARING RECORD

 

GRADE

AIC

 

 

  

 

 

RECORD REVIE

 

 

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBER SITTING HON GEN uoTHC | OTHER DENY,
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ISSUES A94,.05 INDEX NUMBER A67.70 :
A93.17 A66.00 1 {ORDER APPOINTING THE BOARD |
2 |APPLICATION FOR REVIEW OF DISCHARGE I
3 |LETTER OF NOTIFICATION i
4 |BRIEF OF PERSONNEL FILE L
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF T
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING T
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HEARING DATE CASE NUMBER
03 Mar 2011 FD-2009-00068

 

 
   

Case heard in Washington, DC.

 

 

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.

 

 

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

 

 

 

AFHQ FORM 0-2077, JAN 00

 

(EF-V2)
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00068

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

The applicant appeared and testified before the Discharze Review Board (DRB), without counsel, at
Andrews AFB on 03 Mar 2011.

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

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

FINDING: The Board denies the upgrade of the discharge, the 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 discharve.

Issue 1. Applicant contends his discharge was inequitable because it was too harsh. The records indicated
the applicant received an Article 15, one Letter of Reprimand and two Records of Individual Counseling for
misconduct. 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 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 duty performance as documented by his performance reports |
and other accomplishments. It 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.

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 his term of service.

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 |
(Please read instructions on Pages 3 and 4 BEFORE completing this applicain }

@ public reportng burden for this collection of informabon is estimated to average 30 minutes per response, including the
maintaining the data needed, and completing and reviewing the collection of information. Send camments regarding this bu
suggestions for reducing the burden, to the Department of Defensa, Executive Services Directorate (0704-0004). Responde

OMB approval expires
Oct 31, 2009

   
   

‘a tor reviewing insttucbons, searching easing dala sources, gathenng and
=stmate or any other aspect of this collection of information, including :
s should be aware that notwithstanding any other provision of law, no |

erson shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently vatia <°MB controlnumber. PLEASE DO NOT RETURN YOUR FORM |
TO THE ABOVE ORGANIZATION, RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVAGY 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.

DISGLOSURE: 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.
RINE CORPS

NAVY a ani |
| | c. GRADEJRANK AT D
IP

2. DATE OF DISCHARGE OR SEPARATION ||

(YYYYMMDD) (if date is more than 15 years S77
‘ago, submit a DD Form 149) | D\| CHANGE TO HONORABLE

CHANGE TO GENERALJUNDER
HONORABLE CONDITIONS

2 CHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE (Not applicable for Air Force)
OR SerArAnON Sm ARSATIVE RED
ec & 1 :

 

 

 

AF OFF

 

SEPARATION:

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQU:
Poes)—~~ feel Iie T have pawl the price B- ay MiStelteS in Me pash
T neve matured anh realiecc that Tan nok the only one
who wters for my bad_choves, % just wold Tike wrdh wm

7. (Cif applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (vyyymupD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

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

T (Continue in Item 13. See instructions on

 

 

 

          
 

(Continue in Item 14,

9. TYPE OF REVIEW REQUESTED (X one)

Xx

    
  

 

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

1 ANDIJOR (counseV/representaiive) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA.

  

   
   

 

      
 

TANDIOR (counsel/representatve) 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.)
Pp p (Last, First, Middle Initial) A p Area Code.

(See Item 10 of the instructions about counsel/represeniative.)

 
  

   
 
  

 
 
   
 
   
  
   

41. APPLICANT MUST SIGN IN ITEM 12.a. BELOW. If the record in question j{s 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 (pin) 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.)

  

CASE NUMBER
(Do not write in this space.)

    
   
   
 

  

 
  
 
    
   
  

 
 

 
   
 

 

tem 11 above) b. DATE SIGNED - REQUIRED Eh 2. 00%-O00 le ¥
(YYYYMMDD)
ADTO/] 2 i 200%

    

PREVIOUS EDITION IS OBSOLETE.

    
 

Page 1 of 4 Pages
FommFlow/Adobe Designer 7.
73. CONTINUATION] OF ITEM 6, ISSUES (if applicable)

henna P34 oded_, iF woul help oy chances of ce toraag hack
do 3 opsladed go. cen better joke care of my family, T. wal

also fs Het the aosistuce- thek the Moakyo mery CL BI offers ad cell.
Agen Lan broly a0"7y for opse-Hing ray oath pay cova ‘ anol. Ay
fayai ly, va wo lA je [He the oppor hon hy te rca He amanky ead.

Prove fe myselt that Loam a apo PEUSOA awe with the upg rede
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thank CL Gr evem thag.
44, CONTINUATION/GF ITEM 8, SUPPORTING DOCUMENTS (if applicable) : :

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75. REMARKS (iF applicable)
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MAIL. COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

   
   
  
   

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ARMY NAVY AND MARINE CORPS {
SCT DNoL ie tate” Naval Council of Personnel Boards
9700 Page Avenve

  

720 Kennon Street, S.E.
Room 309 (NDRB)

Washington Navy Yard, DC 20374-5023

StLouls, MO 63132-5200
See hitp:/arba.anmy.pentagon.mil)

   
   
  

 

 

AIR FORGE

  
   
  
  
 
 
   

   
  

COAST GUARD

   
   
 

   
  
 

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

AFDRB BRIEF

DOCKET # | COMPONENT:
FD2009-00068 : USAF

i
}

       
     
     
         
      

  
 

P APPEALS FOR:
MAXWELL AFB, AL 14 DEC 04 HON DISCH, RE CODE AND NARRATIVE

REASON

 

 

 

 

 

        

DOB/ ENLMT AGE :
14 MAR 82 18 3/12

C. TIME LOST:
NONE

DISCH AGE: FORMER: | HGH: B. CURRENT DOR:
22 9/12 Aic SRA 15 NOV 04

  

ess veel

AFSC: 3A051 - INFORMATION MANAGEMENT DEP DT: ASVAB SCORES:

       
     

 

 

 

 

JOURNEYMAN 11 DEC 99 A:76 E: 34 G:48 M: 38
D. ART 15: D. LOR, LOA, RIC, LOC: E. SPCM/ GCM: ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 1 LOR: 1/ RIC: 2 NONE NONE

| _

 

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT):
21 JUN 00 - 21 FEB 02 BUCKLEY AFB 5 (INITIAL)

22 FEB 02 - 15 NOV 02 BUCKLEY AFB 5 (CRO)

16 NOV 02 - 15 NOV 03 MAXWELL AFB 5 (ANNUAL)

G. AWARDS & DECS: AFAM wi1OLC, AFTR, NDSM, SAEMR, AFLSA, AFOEA, AFOQUA wiiOLC

EAD: DAS:
21 JUN 00 18 FEB 03

 

     

    
 

  
 

       
      
   

 

H. TMS: TAMS:
5 YRS, 0 MOS, 3 DAS 4 YRS, 5 MOS, 25DAS

   

     
   

 

 

APPLN (DD FORM 293) DTD:
24 JAN 09

DT/ INITIALS:
19AUGO9/JLL

   

  
     
   
 

NPA: YES PA: NO

  
 
  
     
   

 

RECORDS : ARMS: X STR: X | ISSUES: YES ATTACHMENTS: NO

 

 

    
  
 

AUTH FOR DISCHARGE :
AFI 36-3208, PARA 5.54 & 5.49 (MISCONDUCT: DRUG ABUSE & MINOR DISCIPLINE INFRACTIONS)

ART 15; SPMC; GCM; ADDITIONAL:

 

   

RIC: 11 MAR 04 - AWOL.
RIC: 9 JUN 04 - FAILED TO GO.
LOR: 30 JUN 04 - MISUSED GTC.

ART 15: 15 NOV 04 - (ART 112A) USED MARIJUANA.

 

EXAMINER'S NOTE:

©SAF/MRBR V10709
\~) ew

DEPARTMENT OF THE AIR FORCE

HQ AIR FORCE OFFICER ACCESSIONS AND TRAINING SCHOOLS
MAXWELL AFB, ALABAMA 36112

 

 
 
 

MEMORANDUM FOR
FROM: HQ AFOATS
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Misconduct: Drug
Abuse and Misconduct: Minor Disciplinary Infractions. The authority for this action is AFPD 36-
32 and AFI 36-3208, paragraphs 5.54 and 5.49. If my recommendation is approved, your service
will be characterized as an Under Honorable Conditions (General) Discharge. I am recommending
that your service be characterized as an Under Honorable Conditions (General) Discharge.

2. My reasons for this action are:

a. Between on or about 9 September 2004 and on or about 23 September 2004, you wrongfully
used marijuana. For this act of misconduct you were punished IAW Article 15, UCMJ on

15 November 2004. The punishment consisted of a reduction to the grade of Airman First
Class, suspended forfeiture of $250.00 pay per month for 2 months. The Article 15 was filed in
your existing Unfavorable Information File (UIF). (Attachment A)

b. Between on or about 6 January 2004 and on or about 17 April 2004, you misused your
Government Travel Card (GTC). For this act of misconduct you received a Letter of Reprimand
(LOR) on 30 June 2004. The LOR established a UIF. (Attachment B)

c. On or about 7 June 2004, you failed to go at the time prescribed to your appointed place of

duty. For this act of misconduct you received a Record of Individual Counseling (RIC) on
9 June 2004. (Attachment C)

d. On or about 10 March 2004, you were absent without leave. For this act of misconduct you
received a RIC on 11 March 2004. (Attachment D)

Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction or higher authority
will decide whether you will be discharged or retained in the United States Air Force and, if you
are discharged, how your service will be characterized. If you are discharged, you will be
ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistance
funds may be subject to recoupment. The separation authority will make the findings and
recommendations required under 10 U.S.C. Section 2005 (g)

   

3. You have the right to consult counsel. Miligg
have made an appointment for you to consult ¢

a Dec O4,at_ 1330 hours. You fey ase men PTPERPerIse.
4. You have the right to cub statements in your own behalf. Any