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AF | DRB | CY2011 | FD-2009-00485
Original file (FD-2009-00485.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAMF. OF SERVICE MEMRER (LAST, FIRST MIDDLE INITIAL) GRADE / AFSN/SSAN

pd

 

 

PERSONAL APPEARANCE x RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL.

TYPE GEN

 

 

 

 

  
 

REG

 

 

   

:VOTLE:OF.THE BOARD.

HON GEN UOTHC | OTHER DENY.

 

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mours’ ~~ A93.19 meeeemees A60.00 GEES ee i ee _
A67.05 1 |ORDER APPOINTING THE BOARD
A01.29 2. |APPLICATION FOR REVIEW OF DISCHARGE
A00.45 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
07 Feb 2011 FD-2009-00485

 

 
    

          

“APPEICAN PSISSUE 1 SHG SHEGISIONAT

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.

*Change Reason and Authority

 

 

 

+RE Code
ote ppp . FROM:
TO: SAR MRER 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 edition will be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DI CISIONAL RATIONALE FD-2009-00485

GENERAL: The applicant appeals for upgrade »! discharge to honorable, to change the reason and.
authority for the discharge, and to change the reenlix:nient code.

The applicant was offered a personal appearance betore 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 denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify a change of dischurve. However, based upon the record and evidence:
provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable.

ISSUES:

Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15 for underage drinking, and that he also had a charge of driving while
intoxicated. Applicant contends his alcoholism contributed greatly to his misconduct, and that it was
brought on by the stress of being in the military. He further states he was not “properly counseled” for his:
“disease.” Upon review of the record, the Board was unable to find any documentation regarding the
discharge, or applicant’s medical condition(s). Due to lack of evidence and supporting documentation to
explain the discharge, the Board concludes that the misconduct was a significant departure from the conduct’
expected of all military members. The Board relies on the presumption of regularity and finds the’
characterization; reason for discharge and the reenlistment code were appropriate.

Issue 2. Applicant infers 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. They 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 recognized the fact that the applicant had served over 4 years total service before he was ,
discharged, but concluded the his misconduct outweighed the positive aspects of his time in the Air Force.

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
OMB No. 0704-0004
OMB approval expires
Oct 31, 2008

   
   

APPLICATION FOR THE REVIEW OF DISCHARGE

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

; at mules per response, maudng te Os ge Thering and
nar taining stds einestsd, "and completing and redawing the osuotionaravcranon Sand comments regarding this burden esfimate of any other aspect of ig conection at ifoniatien. including
suggestions for raducing the burden, to the. Department of Defense, Exacutive Services Directorate (0704-0004), Respondents should be aware that nobwithstanding any other provision of law, no
person shall be subject to any penalty for failing to comply with a collection of information @ it does not display a currently vafid 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 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.

[= BRANCH OF SERVICE Gcone) [ TAaRMY [ [WARNE CORPS [ [NAVY [><] AinFoRCE [Teoasteuarn |

b. NAME (Last; First, Middle Initial) c. GRADEIRANK AT DISCHARGE d. SOCIAL SECURITY NUMBER

    
   
  
 

  
   

      
   
 

      

   

 
 

6. VUNG) mneun AvUNceS UF Arrive: un rencON NAMED INITEM 11 (Forward

natification of any change in address.)

  
  

 

       

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

 

CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

      
  

   
  

 

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

   
 

3. UNIT AND LOCATION AT DISCHARGE
OR SEPARATION

  
 
 

 

SUES: HPGRAD TANG REQUES Dp JuSTInic

 

 

 

 

   
  
  
  
  

  
   
  
 
   
 

oe ASIDE, FROM MY ALCOHOL RELATE INCIOENLES , - ROLIEVGS eee

IMY OVERALL. SAVicE RECCRAS LST ED... PROP MAALE
REPORTS jALWARDS, PSCS BATION Ee TER OF FOR VACNIAA TION] S How
LHASA “LAV WICAA go ORAS

     
  

 

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

8. IN SUPPORT OF 1 This APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE:
if military documents or medical records are relevant (o your case, please send copies.)

 

7.

  
 

(Continue in Item 14,

   

    
  

9. TYPE OF REVIEW REQUESTED (one)
CGNDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION

A
SUBMITTED BY ME. 1 ANDIOR . (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
R 2») WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THe BOARD IN THE

     
 
 
 

 

P TAT RUE ETT
(See em 10 of the instructions about counsel/representative.)

  
  
   
  

77. APPLICANT MUST SIGN IN ITEM 12.4. BELOW. Ifthe record in question is that of a deceased or incompetent person, LEGAL PROOF

OF DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. ff the application Is signed by other than the applicant,
Indicate the name (prin / and Telationship by marking a box below.

    
   

 

   
      
 

42. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the CASE NUMBER
naltles Involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 (Do nat write in this space.)

pe
and 1001, provide that an individual shall be fined under this tile or imprisoned not more than 5 years, or both)

a. SIGNATURE - REQUIRED (Agplicant or person.in Item 11 above) Bb. DATE SIGNED - R
. ervvvaando)

     
 
       
   
  

    

Zu Vz O Page 1 of 4 Pages
DD FORM 293, NOV 2ZUU085 PREVIOUS EDITION IS OBSOLETE. age ot of 4 ge
13. CONTINUATION OF ITEM 6, ISSUES (If applicable)

MISCOMOUET , \& \WAPROPER, MY ONLY PEFICIENDY WAS ALCOHGLEM,
| BELIEVE |' A@VYREP THES PISEASE DE TO STRESS WHILE ID

DISEASE. . THEREFORE | } WookD Like THE <
CHAN (se, REPEC FOR DISCHARGE TO “AQGUIRES DISEASE

14. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if applicabie)

46. REMARKS (If applicable)

 

 

 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

ARMY NAVY AND MARINE CORPS

Amy Review Boards Agency Naval 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
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

NAME (Last, First, Ml): DOCKET # COMPONENT:
BO FD-2009-00485 USAF

 

 

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE,
GENERAL GRAND FORKS AFB,ND_ | 26 APR06 CHANGE REASON FOR DISCHARGE & R.E.
CODE

DOB/ ENLMT AGE: DISCH AGE: FORMER: B. CURRENT DOR: C. TIME LOST:

10 FEB 83 18 23 SRA 18 JUL 04 NONE

 

 

 

 

 

AFSC: 2A551L - AEROSPACE MAINTENACE DEP DT: ASVAB SCORES: A: 74 E: 60 G: 80 M: 62
31 AUG 01

 

D. ART 15/ VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 1 UNKNOWN GCM: UNKNOWN UNKNOWN

 

 

 

 

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

29 JAN 02 - 28SEP03 GRAND FORKS AFB 4 (INITIAL)

29 SEP 03 - 28SEP 04 GRAND FORKS AFB 4 (ANNUAL)

29 SEP 04 - 10FEB05 GRAND FORKS AFB 3 (DBH) REFERRAL

41 FEB 05 - 10FEB06 GRAND FORKS AFB 5 (ANNUAL)

G. AWARDS & DECS: AFCM, NDSM, AFTR, AFLSA, AFOUA wi1OLC, GWOTSM, GWOTEM —

 

EAD: 29 JAN 02 DAS: UNKNOWN H. TMS: 4 YRS 7 MOS 28 DAS TAMS: 4 YRS 2 MOS 28 DAS

 

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
07 AUG 09 130CT1O/JLL

 

 

 

RECORDS : | MPR:NO ARMS: YES [SIR YES ISSUES: YES ATTACHMENTS: YES
AUTH FOR DISCHARGE : AFI! 36-3208 (MISCONDUCT)

 

 

 

 

ART 15; VAC; SCM; SPMC; GCM; ADDITIONAL:

ART 15: 12 FEB 03 - (ART 92) UNDERAGE DRINKING.

 

EXAMINER'S NOTE: NO DISCHARGE PKG IN RECORD.

 

@©SAF/MRBR V10709
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

af burden for this collection of information ts estimated to average 30 minules per response, including the time for reviewing ins ons, searching exisung dala sources, gathenng and
3 the data needed, and completing and reviewing the colléction of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including
sugges: 1s for reducing the burden, to the Department of Defensa, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no

person shall be subject to any penalty for falling to comply with a collection of inforrnation 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; £.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 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.

a. BRANCH OF SERVICE (Xone) | [ARMY | [MARINE CORPS ><] AIR FORCE |__[coast cuarp
b. NAME (Last, First, Middle Initial ¢. GRADEIRANK AT DISCHARGE | d. SOCIAL SECURITY NUMBER

 

e. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Forward
notification of any change in address.)

 

 

 

CHANGE TO HONORABLE

CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

”“ (YYYYMMDD) (If date is more than 15 years

ago, submit a DD Form 149) a
é eS UNDER OTHER THAN HONORABLE CONDITIONS

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

 

 

~ FE RN-UPGRA sede anckisheauesren: ” comremoreonmrneunl eabce sin fons on-—{——~-
Pose 3) ASIDE. FROM MY ALCOHOL RELATED INCIOENCES,. FT BELIEVE THAT

 

 

_ iM LL SAVICE RECORDS , JALLUDLAU ML 7 Eb... FEOF st
Bena, TS AWARDS EERATIONS (Le Tren ontcotehaATion Spo po

. (Xit a plicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. 1N 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
SUBMITTED BY ME. 1 ANDIOR (counsel/representative) WILL. NOT APPEAR BEFORE THE BOARD.

TAND/OR (counsel/epresenfative) WASH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON,, D.C. METROPOLITAN AREA.

ATIVE (i any) NAME (last First, Middle Tritial) -
"(See item 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 ARPEICATON, if the application ts signed by other than the applicant,
Indicate the name (print) and Felationship by marking a box below.

| _|spouse[~ |winow [ | winower [| NEXTOFKIN[ | LEGALREPRESENTATIVE |_| OTHER (Specify

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penaities involved for willfully making a false statement or claim. (U.S. Code, Title 18; Seétions 287
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or both.)

@. SIGNATURE - REQUIRED (Applicant or person in item 11 above) b. At SIGHED- REQUIRED fr IS A 0 oF 2 004- 5 5

2004 CEOT

HR 6 R EDITION !S OBSOLETE. Page 1 of 4 Pages
DD FORM 293, NOV 200 PeewIouS FormFlow/adobe Designer 7.0

CASE NUMBER
(Do not write in this space.)
13. CONTINUATION OF ITEM 6, ISSUES (/f appticab/e)
poo ALE’ RELIEVE THAT THE DARRAT YS REAEON FOR MY A\SCHAELE
AUS COR! VET , \S \WAPROPER. MY ONLY DEFICIENDY WAS ALCOUGLISM,
| BELIL VE | AB@VIPED> THIS DISEASE DLE To STRESS WHILE 19
SeeNien . | FEEL | WAS NOT PROPERLY CODMSELED PVR MH
DISEAC. . THEREFORE, 1 wovolDb LIKE THE ROARED TO PUBASE

CHAN es REPSCLO FOR DISCHARGE TO ‘AauIREs DISEASE

14. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if applicable)

 

 

15. REMARKS (/f applicabie)

 

 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

ARMY NAVY AND MARINE CORPS

Army Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, S.E.

9700 Page Avenue 3 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)

§50-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

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