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AF | DRB | CY2011 | FD-2009-00701
Original file (FD-2009-00701.pdf) Auto-classification: Denied
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

    
   
 

  

AFSN/SSAN

 

 

     
 

PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

TYPE GEN

 

 

 

——_—_—_-—|—

x RECORD REVIEW

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

     
  
 

 

 

 

 

    
 

 

 

 

 

 
 

AL:

Case heard in Washington, D.C.

 
   

application to the AFBCMR.

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

to

AFHQ FORM 0-2077, JAN 00

 

(EF-V2)

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an

Names and votes will be made available to the applicant at the applicant’s request.

   
  
   

 

 

MEMBER SITTING
x
{__
Xx
x
ISSUES A93.07 INDEX NUMBER A67.50
1 |ORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
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
17 Jun 2011 FD-2009-00701

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

1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7001

  

Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00701

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

ISSUE:

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does
submit that he believes he had a difficult time due to the end of a 13 year marriage in divorce. The record
indicates the applicant received two Article 15s. His misconduct included resisting arrest, DWI (2x), and
drunk and disorderly. The Board opined that through these administrative actions, the applicant had ample
opportunities to change his behavior. The DRB also 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, and found no evidence of
impropriety or inequity to warrant an upgrade of the discharge.

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

   
    

APPLICATION FOR THE REVIEW OF DISCHARGE

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

“The public reporting burd o average 30 minutes per response, including the time Tor 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 aspéct 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.

PRIVACY ACT STATEMENT

                
        
 
 
   
  

  
  
 

* AUTHORITY: 10 U.S.C. 1553; E.O. 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.

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

a.BRANCH OF SERVICE (Xone) | [ARMY | | MARINECORPS | [NAVY | QR AIRFORCE | | COAST GUARD
‘b. NAME (Last, First, Middle Initial) ¢. GRADE/RANK AT DISCHARGE = [d. S3™17" ST artRr seerennn

<4 | Sk

9. CURRENT MAJLING ADDRESS OF APPLICANT OR PERSON NAMED IN ITEM 11 (Fonfard
. notification of any change in address.) ,

 

     
 
    
 
  
 
 

   
 
  

 
  
        
 
     
 

a

2. DATE OF DISCHA

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

» OOD OST OL
‘3. UNIT AND LOCATION AT DISCHARG
: SEP ATON Grovf

wrighT faTlercon) AFB OU.

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in item 13. See instructions on
Page 3.)

Please see ortached LeTer.

 
 
  
  

   

RGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (x one)| 5. BOARD ACTION REQUESTED (x one) |

| | HONORABLE | ¥@ | CHANGE TO HONORABLE
CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS
CHANGE 10 UNCHARACTERIZED :
(Not applicable for Air Force) i
HAN NARRATIVE REASON FOR

SEPARATION:

     
  
   
  

  
           

    
   

   
   

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

3. 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.)

STATEMENTS Sup forT

    

      
 
   

 
   
    

CONDUCT. A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
i AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

i
WASHINGTON, D.C. METROPOLITAN AREA.

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

- COUR EPRESENTATIVE (if any) NAME (Last First, Middle Initial) AND ADDRE
- (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 APPLICATION. If the application is signed by other than the applicant,
Indicate the name (print) and relationship by marking a box below.

|__| spouse [| winow [| wivower [| NEXTOFKIN] _[LEGALREPRESENTATIVE |_| OTHER (Specify)

‘12. GERTIFICATION. | 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)

3009 OF

PREVIOUS EDITION IS OBSOLETE.

 
 
 
  

  
       
     
 

 

       
  
   
   
  
   
 

      

  
  
    
   
   

   

CASE NUMBER
(Do not write in this space.)

OF - OOFOI

Page 1 of 4 Pages
FormFlow/Adobe Designer 7.0

   
  
 
  

   
 
 
 

& SIANATIIRE _PEALIDER /Analaanté ar nacnan in Ham 44 above)

  

 

     
  

   

DD FORM 293, NOV 2006
13. CONTINUATION OF ITEM 6, ISSUES (if applicable)

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

15. REMARKS (if applicable)

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

ARMY . . NAVY AND MARINE CORPS

Army Review Boards Agency
_ Support Division, St. Louis
9700 Page Avenue
St. Louis, MO 63132-5200
(See hitp://arba.army.pentagon.mil)

Naval Council of Personnel Boards

720 Kennon Street, S.E.

Room 309 (NDRB)

Washington Navy Yard, DC 20374-5023

AIR FORCE , 7 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
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

NAME (Last. First. Mi); : DOCKET # COMPONENT:
FD-2009-00701 USAF

 

TYPE OF DISCHARGE: | DISCHARGE FROM: | DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE TO
GENERAL WRIGHT- PATTERSON 01 MAY 09 HONORABLE
AFB, OH

 

DOB/ ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
08 NOV 73 20 35 SRA TSGT 27 JAN 09 NONE

 

AFSC: 4N071- AEROSPACE MEDICAL SERVICE DEP DT: ASVAB SCORES:
CRAFTMAN 14 FEB 94

 

 

'D. ART 15 / VAC: D, LOR, LOA, RIC, LOC: TE. SCM/SPCM/ ADDITIONAL: (IE. CIVIL CONV, CDC)
“ART 15: 2 UNKNOWN GCM: UNKNOWN UNKNOWN

 

 

 

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

02 SEP 04 - 01 SEP 05 WRIGHT- PATTERSON AFB 5 (ANNUAL)

02 SEP 05 - 04 SEP 06 WRIGHT- PATTERSON AFB 5 (ANNUAL)

02 SEP 06 - 10 JUN 07 WRIGHT- PATTERSON AFB 4 (CRO)

11 JUN 07 - 10 JUN 08 WRIGHT- PATTERSON AFB 2 (ANNUAL) REFERRAL

 

G. AWARDS & DECS: AFAMW/I10LC, AFOUAW/MOLC, ARGCMw/i4OLC, NDSMw/SS, GWOTEM, GWOTSM, AFLSRWI2OLC,
USAF PMEGRW/10LC, AFTR

 

 

EAD: 20 JUL 94 | DAS: UNKNOWN H. TMS: 15 YRS 2 MOS 18 DAS TAMS: 14 YRS 9 MOS 12 DAS

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
09 NOV 09 14MAR11/CM

 

 

 

‘RECORDS: | MPR: NO ARMS: YES _| STR: NO ISSUES: YES ATTACHMENTS: YES

 

AUTH FOR DISCHARGE : AFI 36-3208 (MISCONDUCT)

 

 

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

*(1) ART 15: 05 FEB 08 - (ART 95) RESISTING ARREST.

(ART 1141) DWI.

(ART 134) DRUNK AND DISORDERLY.
*(2) ART 15: 27 JAN 09 - (ART 111) DWI.

 

 

EXAMINER'S NOTE. NO DISCHARGE PACKAGE IN MEMBERS FILE. *ARTICLE 15s LISTED ABOVE OCCURRED DURING THE
CURRENT ENLISTMENT.

 

©SAF/MRBR V10709
~ 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 siemens )

  
  
 

  

gs 5
‘naintaining the data needed, ‘and Completing and iaieaig 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

ty for failing with a collection of information if it does not display a currentty valid OMB control number. PLEASE DO NOT RETURN YOUR FORM

“person shail be subject to comply
TQ: THE ABOVE VE ORGANIZATION. RET RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.
PRIVACY ACT STATEMENT

   
 
 

      
     
  

  
   
   
 

i AUTHORITY: 10 U.S.C. 1553; E.0. 9397. ;
t PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

fF ; ROUTINE USE(S): ‘Noné:,
DISCLOSURE: Volun ary; 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.
PPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION: —

    

    
 

   
 

N NAMED IN ITEM 11 (Forward

 
   
    

 

 
 

R. PAA NUMBER (11GIU0e Ared Lougy

5. BOARD ACTION REQUESTED (one) [
| [HONORABLE ——SSSSS*~*~*S*dC RY CHANGETOHONORABLE
[Xf [GENERALIUNDER HONORABLE CONDITIONS [| GHANGE TOGENERALRNDER
2005 [_ [UNDER OTHER THAN HONORABLE CONDITIONS _ | — aware aes —t
UNIT AND LOCATION AT DISCHARGE [—[ex@conover Spseortmwreniy "|| (Not applicable for A Fores)
FE PION Grou? | [uNcHaRAcTerzeD ) om

i ighT PaTlereon) AFB OM,

6. ES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on
« Page 3.) .

| Please see ortached LeTber.

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

es

f = INSUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue fi in Item 14.
if military documents or medical records are relevant to your case, please send copies.)

PSTATEMENTS jw Cup forT
PAD form 24

3. TYPE OF REVIEW REQUESTED (X one)
CONDUCTA RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. ! ANDIOR (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 f

le WASHINGTON, D.C. METROPOLITAN AREA.

| AND/OR (counselrepresentative) WiSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO f
mrt city 3 a SEER (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

SENTATIVE (ifany) NAME (Last First Middle initial) ANE (if any) NA (Last, First, Middle Initial) AND A
os item 1 5 7 the hdiadbes about counsel/representative.)

 
  

  
    
 
   
   
 
  
  

4 2. DATE OF DISCHARGE OR SEPARATION
: MMDD) if date is more than 15 years

 
  

  

   
  
 

 

     

SEPARATION:

    
   
        
 

       
   
   
 
     
    

   
   

me

                
  
   
  

 

 

   

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.

  
  

  
  
   
 
 
 

       
   

12. CERTIFICATION. I make the foregoing statements, as part of my claim, with full knowledge of the CASE NUMBER

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.)

(Do not write in this space.)
b. DATE SIGNED - REQUIRED
(YYYYMMDD)

LOK - OO F0|
Qood OF

PREVIOUS EDITION IS OBSOLETE. Page 1 of 4 Pages

a7 EWEN aww, IY ow
: FormFlow/Adobe Designer 7.0
| 14. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (if applicable)

i) 15. REMARKS (if applicable) —

kf

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

Amy Review Boards Agency _ Naval Couneil of Personne! Boards
__ Support Division, St. Louis 720 Kennon Street, S.E.
’ 9700 Page Avenue . Room 309 (NDRB)

St. Louis, MO 63132-5200 Yard, DC 2037
(See http://arba.army.pentagon.mil) , Washington Navy ‘Yard, D@ 20374-5023

AIR FORCE “= 2 . COAST GUARD

Air Force Review Boards Agency ; U.S. Coast Guard

’ SAF/MRBR . ~ Commiandant (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
6. Issues: Why an upgrade or change is requested.

To whom it may concern,

About a year and a half ago my wife told me she wanted a divorce which absolutely
devastated me. We had been married for 13 years and have two beautiful children. I
later found out the reason she was leaving me was because she had met some one on the
internet through a site called My Space. She then proceeded to move to Florida along
with our two children to be with him leaving me in Ohio. I had an extremely difficult
time dealing with this life changing event and started drinking more to deal with the pain.
As a result I got into trouble and was sent to rehab. My commander decided it would be
best that I got out of the service and move closer to my children. My job performance
was never an issue and never suffered during this devastating time. I had never gotten in
trouble my entire 15 years of service or before I joined the military until this event in my
life. I have always been a hard worker for the military and loved my job as an EMT
caring for the wounded and the sick. I have been deployed to Iraq, England, and
Germany in support of Iraqi Freedom to care for our wounded soldiers. I have since
moved to Florida and see my children on a regular basis and I no longer drink alcohol. I
believe an upgrade to my discharge would provide a better chance for me at finding ajob

to provide a better life for me and my children.
Thank you for your time in this matter.

Sincerely,

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