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

_ ‘8

TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW

&
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  
 
 

    
   

     
  
   

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HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   
   

Xx
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wouns A94.11 INDEX NUMBER A66.00 ae a SESS UB!
A94.39 1 J|ORDER APPOINTING THE BOARD
A94.05 2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE T
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
—+-|
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
4
HEARING DATE CASE NUMBER
24 Feb 2011 FD-2009-00104

om

 

       
 

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.

 

 

 

 

 

© Jonna 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
4
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD-2009-00104

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
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.

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:

Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15, a Letter of Reprimand, and a Letter of Counseling for misconduct. His
infractions included dereliction of duty, a dress and appearance violation, and use of marijuana. Applicant
stated he did not have a positive drug test, and was not “convicted” of drug abuse. The record indicated that
applicant’s drug abuse was identified during the course of an Air Force Office of Special Investigations
(AFOSJ) investigation in which three eye witnesses to his drug abuse gave statements against him. After
review of the record, the Board found no evidence to indicate that the applicant did not know right from
wrong or that in his time in service was unaware of the Air Force policy of zero tolerance to drug use. The
Board found the negative aspects of the willful misconduct outweighed the positive aspects of the
applicant’s performance and concluded that the discharge was appropriate.

Issue 2. Applicant states that his unit commander did not allow him to consult an attorney before he
(applicant) was permanently decertified, presumably from Security Forces duties and / or the Personnel
Reliability Program (PRP) (applicant does not specify what he was decertified from). There is no evidence
however that applicant was not allowed to consult an attorney relative to receipt of his Article 15, or the
processing of the discharge action. Evidence is to the contrary that he did consult an attorney at the time of
his Article 15 and was given the opportunity to consult an attorney during his discharge processing.
Therefore, no impropriety was found in the processing of the discharge, and the characterization of
applicant’s service was deemed to be appropriate due to his misconduct.

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

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

 

  
 
 

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

ROUTINE USE(S): None.

Security Number is strictly fo 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.

‘he public reporting ourden for ths collection of information is estimated to average 30 minutes per response. including the time for reviewing instructions, searcl ing 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 shail be subject to 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.

 
 

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

DISCLOSURE: Voluntary, however, failure to provide identifying information may impede processing of this application. The request for Social

  

OMB No. 0704-0004
OMB approval expires
Oct 31, 2009

   
  
 

 
     
   
   
     
   

   
 

 

 

 

a. BRANCH OF SERVICE (X one) | MARINE CORPS NAVY |
c. GRADE/RANK AT DISC

E-( JAcmon

ANT OR PERSON NAMED IN ITEM 11 (Forward

 

   

 

 

 
 

 

 

 

  
  
   

 

 

HONORABLE
GENERAL/UNDER HONORABLE CONDITIONS

     
   

  

 

 

CHANGE TO HONORABLE

CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

  
   

 

UNDER OTHER THAN HONORABLE CONDITIONS

3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only)
OR SEPARATION UNCHARACTERIZED 5

  
  
 

 
 
  

 

   
  
 
   

 

 

 

Air, ent trom th, pitt arg b

 

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

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

9. TYPE OF REVIEW REQUESTED (< one).

x

  
  

  

SUBMITTED BY ME. ! AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
WASHINGTON, D.C. METROPOLITAN AREA.

(enter city and state)

 

(Last, First, Middle Initial) AND ADDR
(See Item 10 of the instructions about counsel/representative.)

CHANGE TO UNCHARACTERIZED
(Not applicable for Air Force,
TAN NARRA

‘SEPARATION:

WHY ‘AN UPGRADE OR CHANGE ISR QUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on
t
Page3) < wag on ky beereged Tor tllesed 18 eves tad Nerel convithed. LD hye

pe ve. Drews tole ove hive Yor any Ave.

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14.

 
   
 

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

| ANDIOR (counsel/representative) WISH 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 traveling panel.)

 

 
 
 

   
 

  

    
 
  

  

    
  

  

 
 

  
    
     
  

  
 
 

  

 

 

 

indicate the name (print)

   
    
  
 
 
 

   

 

WIDOWER | — | NEXT OF KIN

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 10071, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or both.)

b. DATE SIGNED - REQUIRED
(YYYYMMDD)

20078 I}
PREVIOUS EDITION IS OBSOLETE.

 

 
 

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,
and relationship by marking a box below.

LEGAL REPRESENTATIVE | | OTHER (Specify)

  

 
  

 
 
  
    
    
 
 
 
 
  
 

   
 

CASE NUMBER
(Do not write in this space.)

F)-2909 0004

Page 1 of 4 Pages
FormFlow/Adobe Designer 7.0
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF
COMPONENT:

DOCKET #
FD2009-00104 USAF

      
    

  

    
  

 

 

  

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: HON DISCH
GENERAL LACKLAND AFB, TX 17 AUG 07

      
 

  

 

 

       
  

DOB/ :NLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
45MAR 83 22: «6/12 | 24 5M2 AB AiC 14 JUN 07 NONE

  
   

               

 

 

  

 

 

AFSC. 3P031 — SECURITY FORCES APPRENTICE DEP DT; ASVAB SCORES:

         
 

 

 

   

12 OCT 05 | UNKNOWN
D. ART 15: - D. LOR, LOA, RIC, LOC: E. SPCM/ GCM: ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15:1 LOR: 1 / LOC: 1 NONE NONE

      

 

 

 

 

 

F. RECORD OF SERVICE (EPR/.OPR, PAST TO PRESENT) :

| NONE
G. AWARDS & DECS: GWTSM, AFTR, NDSM, AFLTR, SFB

EAD: DAS: — H. TMS: TAMS:
18 APR 06 UNKNOWN 1 YRS, 10 MOS, 5 DAS 1 YRS, 4 MOS, 0 DAS

 
          
 

 

 

 

       
 

       

   

 

   

 

 
 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA: PA:
19 JAN 09 31 AUG 09/ VML YES NO

   
 
  

       

 

 

RECORDS: | MPR: ARMS: X_— STR: ISSUES: YES | ATTACHMENTS: YES

 

   
 

 

 

 

  
 

AUTH FOR DISCHARGE :
AFI 36-3208, PARA 5.54 (MISCONDUCT: DRUG ABUSE)

| ART 15; SPCM; GCM; ADDITIONAL:

 
   
       

LOR: 6 MAY 07 ~ MADE UNATHORIZED RADIO TRANSMISSIONS IN A SECRURITY VEHICLE.

- ART15: 14 JUN -07. ~ (ART 1121) USED MARIJUANA. .
LOC: | 3DEC 04 ~ REPORTED TO DUTY UNSHAVEN.

      
 

 

   

EXAMINER'S NOTE: STR UNAVAILABLE PER VA. MISSING LEGAL BRIEF.

  

©SAF/MRBR V10709 Cy, Ct
OMB No. 0704-0004

OMB approval expires
Oct 31, 2009

APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES ~

‘lease read instructions on Pages 3 and 4 BEFORE completing this application.)

zn for this collection of information Is estimated to average 30 minutes per response. including the time for reviewing instructions, searching existing data sources, gathering a

d, 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 red’. .; "ne burden, to the Department of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law. no :
person shait be sut; 2ny 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

      
    
  
  
  
   
 
  
  
   

 

@ public reporting
maintaining the dat-+

   
  

 

AUTHORITY: 3 U.S.C. 1553; E.O. 9397.
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for mititary 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 Numbei 's 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.
y | [marinecorrs | [NAVY _ VTi cop

| E-( JAicmon

ANT OR PERSON NAMED IN ITEM 11 (Forward

 
 
 
 

 

   
   
  
   
     
     
 

CYYYYMMDD) (If date is more than 15 years
ago, submit a DD Form 149)

    

        
  

CHANGE TO HONORABLE

CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS :
CHANGE TO UNCHARACTERIZED °
(Not applicable for Air Force)
TAN ANTUE REA

| HONORABLE
X| GENERALIUNDER HONORABLE CONDITIONS

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

UNCHARACTERIZED 4
OTHER (Explain)

    
  
    
    
 

     

    

t SEPARATION:

  
 

 

  
  

 

  
  
 
 
 

  

-E i bz x AF, 7 ! :
6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND J STIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on

Paes) Las onl, pecucmed Tor allesed Yv_ eves ing never convicked. LD hove
7 abe, ent trom ¢ we wilt for fo pow fe es top heal powe bie for “nd avy

   

 

     
 
  

    

 

 
  

7. (X if applicable) AN APPLICATION 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 SUBMITTED AS EVIDENCE: (Continue in Item 14.
If military documents or medical records are relevant to your case, please send copies.)

 
 
    
   
     
 

9. TYPE OF REVIEW REQUESTED (Xone). _
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
Kx SUBMITTED BY ME. ! 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.)

OUN REPR NTATIVE (if any) NAME (Last First, Midale initial) AND ADDR
(See Item 10 of the instructions about counsel/representative.)

 
     
   
 
  

  

 

 
 
  

  
 
 

   

10.a.

 

    

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.

LEGAL REPRESENTATIVE {| _| OTHER (Specify)

 
  
 
 

   
  
 
   
 
 

  
 

 

WIDOWER | NEXT OF KIN

12. CERTIFICATION. I make the foregoing statements, as part of my claim, with full knowledge of the
penalties invoived for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
_ idiniepinttaniietliitildiinlaeliniaiiaatntie is title or imprisoned not more than 5 years, or both.)
b. DATE SIGNED - REQUIRED
(YYYYMMDD)

F001 ) |
IOUS EDITION IS OBSOLETE.

  
 
 

CASE NUMBER
(Do not write in this space.)

F))-2009 0004

Page 1 of 4 Pages
FormFlow/Adobe Designer 7.0

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FD 3004-00)04
DEPARTMENT OF THE AIR FORCE
31ST FIGHTER WING (USAFE)

   

MEMORANDUM FO

 

FROM: 31 SFS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Misconduct: Dmg
Abuse. The authority for this action is AFPD 36-32 and‘AFI 36-3208, paragraph 5.54. Ifmy
recornmendation is approved, your service will be characterized as an Under Honorable
Conditions (General) discharge. [ am recommending that your service be characterized as an

Under Honorable Conditions (General) discharge.

2. My reason for this action is:

a. Between on or about 15 Feb 2007 and 3 May 2007, you wrongfully used marijuana, a
Schedule I controlled substance. [or this incident, you received an Article 15, dated
14 Jun 2007, with a punishment of reduction to the grade of Airman Basic, with a new date of

rank of 14 Jun 2007, and forfeiture of $600.00 pay per month for 2 months, suspended through
13 Dec 2007. This action wits also used to create your Unfavorable Information File (UIF).

b.. I also considered the following derogatory.information in accordance-with paragraph 1.20 -

of AFI 36-3208. Although this information is not a part of the basis of this discharge action, I
have considered it in determining my recommendation for your service characterization:

(1) On or about 6 May 2007, you were derelict in the performance of your duties and
violated a lawful order by muking unauthorized transmissions from the radio of a security
forces vehicle. For this incident, you received a Letter of Reprimand (LOR), dated

6 May 2007.

(2) On or about 29 Junc 2007, you disobeyed a lawful order by reporting for duty
unshaven. For this incident, you received a Letter of Counseling (LOC), dated

29 Jun 2007.

3. 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 wil! 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).

“The World’s Finest”
ih) 2004-00 104

4. You have the nght to co sult counsel. Mil tained to assist you.

Building 224 on,

  
  

I have made an appointme:: sor vou to consul
Aviano AB, via telephone 1. 4) Udvid, extension 43/- ,on . vey ,at

1530 hours. You nay consult civilan counsel at your own expense.
5. You have the right to sub.) statements in your own behalf. Any statements you want the
separation authonty to cons’ » must reach me by_ a7 vey unless you request and
receive an extension for good cmuse shown. I will send them to the separation authority.

6. Ifyou fail to consult couns | or to submit statements in your own behalf, your failure will

constitute a waiver of yourri to du so.

7. You have been scheduled iu: a medical examination. You must report to Family Practice
Clinic, Area One Hospital on QUT vey wat 135 hours for the examination.

8. Any personal information you: furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is availabe lor your use at the Office of the Area Defense Counsel or the

‘Unit Orderly Room. :

9. Execute the attached ackiy: tyiment and return it to me immediately. -

 

Attachments:

1. Supporting Documents
a. AF Form 1137/Article 15 datcd 14 Jun 2007
b. LOR dated 6 May 2007
c. LOC dated 29 Jun 2007

2. Receipt of Notification Memorandinn

 

“The World’s Finest”

———E