AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 
 

  

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) : GRADE

    

AFSN/SSAN

 
 

 

 

 

 

 

 

 

 

 

 

TYPE GEN PERSONAL APPEARANCE Xx RECORD REVIEW
ces | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
eee cus. MEMBER SITTING HON GEN uoTHC | OTHER | DENY
Xx
Xx
x
x

 

 

 

 

 

ISSUES : A94.53 INDEX NUMBER A66.00

 

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

 

BQ by je

 

 

 

 

HEARING DATE CASE NUMBER

16 Jun 2011 FD-2009-00692

 

 

 

 

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.

 

        

   

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

SAF/MRBR
550 C STREET WEST, SUITE 40

RANDOLPH AFB, TX 78150-4742

 
   
 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00692

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.
ISSUE: Applicant received a General discharge for Misconduct—Drug Abuse

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does
submit that he requests an upgrade in order to apply for a better job. He received an Article 15 for wrongful
use of marijuana. 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 one year and ten months of 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.

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.

Attachment:
Examiner's Brief
Form Approved :
OMB No. 0704-0004

Expires Aug 31, 2006

 
  
 
 

Be APPLICATION FOR THE REVIEW OF DISCHARGE
1s FROM THE ARMED FORCES OF THE UNITED STATES
: {Please read instructions on Pages 3 and 4 BEFORE completing this application.)

  
    
    

: The public reporting burden fér this collection of information is estimated to average 30 minutes per response, including the time for reviewing. ‘instructions, 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 and Communications Directorate (0704-0004}. Respondents should be aware

| that Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply witt a collection of information if it does not display a currently valid OMB
F control number. PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ONE

[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.
E 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. .
2: APPLICANT.DATA. (The person whose discharge is to be reviewedj. PLEASE PRINT OR TYPE INFORMATION.

‘8, BRANCH OF SERVICE (x one} | | anmy | | MARINEConPS | [Navy [><. | GENERAL/UNDER HONORABLE CONDITIONS sf | SORNEE TO RERERALIMIGER
|__| UNDER OTHER THAN HONORABLE CONDITIONS PY cuanee Tcl IMGARA TERIZED
~ UNIT AND LOCATION AT DISCHARGE | | BAD CONDUCT (Special court-martial only) BE applicable for Air Forca)

AORISEPARATION Lo UNCHARACTERIZED CHANGE NARRATIVE REASON FOR |
"1 OTHER (Explain) SEPARATION TO:
fe G n Pt a r Cla i,

     
  
 
 
  
 

  
  
 
 

      
 
     

 
    
  

  

 
  
  

    

    

  

   

     

“AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.
1.8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in fem 17,
if military documents or medical records arg relevant to your case, please send copies.)

  
      
  
  

  

19. TYPE OF REVIEW REQUESTED (X one/

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.

  

  
    
 

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

70.8. COUNSEL/REPRESENTATIVE tf any} NAME (Last, First, Middle Initial) AND ADDRESS b. TELEPHONE NUMBER (include Area Code}
: {See Item 10 of the instructions about counsel/reprasentative.)
d. FAX NUMBER (include Area Code}

411. APPLICANT MUST SIGN IN ITEM 13.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.

— spouse| |wiow | | wipowern | | NEXTOFKIN | | LEGALREPRESENTATIVE| | OTHER (Specify)
72.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE b. TELEPHONE NUMBER (Include Area Cada)
{Forward notification of any change in address.}

   
   
 

   
  
 
  

 
  
    

  

 

    
 

 
    
  
      
   

  

CASE NUMBER
(Do not write in this space.)

 

13. CERTIFICATION. I make the toregoing 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

*- tem 17 above)
{YYYYMMDD}

   
 
 

   

PREVIOUS EDITIONS ARE OBSOLETE, ‘Page 1 of 4 Pages
14. CONTINUATION OF ITEM 6, ISSUES (/f applicable)

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (/f applicable}

16. REMARKS (If applicable]

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

cinbont Divider Gt. Agency . Naval Council of Personnel Boards
9700 Page Avenue Room 309 INDRB)” S.E.

St. Louis, MO 63132-5200 ,
(See http://arba.army.pentagon.mil) - Washington Navy Yard, DC 20374-5023

_ AIR FORCE: - 2 ef on _. COASTGUARD *—

“Air Force Review Boards Agency” o ee .  * “U.S. Coast Guard

“.SAF/MRBR * > eS St fs Commandant (G-WPM). ~~ °°
550-C Street West, Suite 40 “=, | 2100 Second Street, S,W. Room 5600
Randolph AFB, TX 78150-4742 : Washington, DC 20593

 

AA ENR 9Q2 RAAR ONNA
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

NAME (Last, First, Ml): : DOCKET # COMPONENT:
FD-2009-00692 USAF

 

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE TO
GENERAL MOODY AFB, GA 06 MAR 03 HONORABLE

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

31 MAR 81 21 AB A1ic 01 NOV 03 NONE

 

 

 

AFSC: 2A531G - AEROSPACE MAINT APPRENTICE DEP DT: ASVAB SCORES:
18 MAY 01

D. ART 15 / VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 1 NONE GCM: NONE NONE

 

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
NONE

G. AWARDS & DECS: AFTR, AFOUA, NDSM

EAD: 01 MAY 01 DAS: 22 FEB 02 H. TMS: 1 YRS 9 MOS 17 DAS TAMS: 1 YRS 10 MOS 5 DAS

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
02 NOV 09 1OMAR11/CM

 

 

 

 

RECORDS: [MPR YES | ARMS: NO STR.NO._.__| ISSUES: YES ATTACHMENTS: YES
AUTH FOR DISCHARGE : AFI 36-3208, PARA 5.54 (MISCONDUCT: DRUG ABUSE)

 

 

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

ART 15: 11 FEB 03 - (ART 112A) USED MARIJUANA

 

EXAMINER’S NOTE: NO LEGAL REVIEW iN DISCHARGE PKG

 

©SAF/MRBR V10709


DEPARTMENT OF THE AIR FORCE

347TH RESCUE WING (ACC) .
MOODY AIR FORCE BASE, GEORGIA

 

18 February 2003

MEMORANDUM FOR|AB 347 MXS
FROM: 347 MXS/CC |
SUBJECT: Notification Memorandum

1. Lam recommending your discharge from the United States Air Force for drug abuse. The
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54. If my
recommendation is approved, your service will be characterized as honorable or under honorable
conditions (general). I am recommending that your service be characterized as general.

2. My reason for this discharge action and the recommended characterization is that you did, in
the continental United States, on divers occasions, between on or abput 30 Nov 02, and on or

about 13 Jan 03, wrongfully use marijuana. For this offense you received an Article 15, dated 11
Feb 03 (Atch 1).

Copies of the documents to be forwarded to the separation authority] in support of this
recommendation are attached. The commander exercising SPCM Juisdiction or a higher
authority will decide whether you will be discharged or retained in the Air Force and if you are
discharged, how your setvice will be characterized. If you are discharged, you will be ineligible
for reenlistment in the Air Force and will probably be precluded from enlistment in any
component of the armed forces. Any special pay, bonus, or education assistance funds may be
subject to recoupment. |
3. You have the right to:consult counsel. Military legal counsel has been obtained to assist you.
[have made an appointment for you to consult Capt Area Defense Counsel, in
Building 5107 Austin Ellipse, Moody AFB, GA, extension (DSN) 460-3421, on 19 February
2003 at 0900 hrs. Please take your copy of this Notification Memorandum and attachments with
you to your appointment, You may consult civilian counsel at your|own expense.

4. You have the right to| submit a statement in your own behalf. Any statements you want the
separation authority to consider must reach me within three duty days after receipt of this
notification letter unless;you request and receive an extension for odod cause shown. I will send
them to the separation authority.
5. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.

6. You have been scheduled for a medical examination. You must report to the Moody Air
Force Base Hospital, Public Health, Building 3296, on 20 February 2003 at 0800 hrs for the
examination. This is a mandatory appointment. Be sure to bring your medical records to this
appointment.

7. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use in the orderly room.

8. Execute the attached acknowledgement and return it to me immediately.

 

USAF

| Commander, 347 MXS
Attachments: | |

1. Article 15, 11 Feb 03)
2. Receipt of Notification Memorandum