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AF | DRB | CY2011 | FD-2009-00707
Original file (FD-2009-00707.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN

        

 

TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW

 

 

 

rect)

    

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

id

 

MEMBER SITTING HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

   

 
 

 

 

 

 

 

 

 

 

ISSUES A92.35 : INDEX NUMBER A67.50
A92.21 1 |ORDER APPOINTING THE BOARD
A92.01 2 _|APPLICATION FOR REVIEW OF DISCHARGE
A94.55 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
16 Jun 2011

 

 

  
 
 

  
 

NESS

 

Case heard in Washin

 

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-2009-00707

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-Pattern of Misconduct

Applicant contends discharge was inequitable because it was based on an isolated incident. The record
indicates the applicant received two Article 15s. His misconduct included violation of a no contact order
(2x). The DRB recognized the fact that the applicant had served six years total service before the discharge
was initiated, but concluded the applicant’s misconduct outweighed the positive aspects of his time in the
Air Force. 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.

The Board highly recommends that if the applicant can provide additional documented information to
substantiate their issue(s), that he should consider exercising their right to make a personal appearance
before the Board. If the applicant chooses to exercise this right, he should be prepared to provide the DRB
with factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well
as any contributions to the community.

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
. APPLICATION FOR THE REVIEW OF DISCHARGE OMB No. 0704-0004
FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires

a read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 37, 2009

0 $ collection.of informalon ig esunrated tp mules per response, including the reviewing iInsirucnons, Searcning €x! sOUrces, g ay
matbaierh tro date nested, mid congiotvin ont reiovking oe coloclion of itor oailon, Bond ornacstis vegrdire Ws terdan eatiane or tew oberr wordel ot ile moliacdinn of Wdermnahos weaxiiy
auggesiions for reducing the burden, trainee face wines Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision:of law, no

@ collection of information if it does not vaiid OMB contro! number. PLEASE DO NOT RETURN YOUR FORM

erson shall be subject to with
FOIE 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 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.

Fi APPLICANT DATA (The parson whose dscharge Is Io be evewed). PLEASE PRINT OR TYPE INFORMATION. id
Te. BRANCH OF SERVICE ore) | [ARMY —[MARWNECORPS | [NAW | X[ARFORCE | [6OASTGUARD |

‘Tb, NAME (Last, First, Middle initial c. GRADEIRANK AT DISCHARGE d. SOCIAL SECURITY NUMBER
E2

Oo submnts BD Femn aay yews = | THONORABLE |X] CHANGE TO HONORABLE
° GENERALIUNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
Pact CONDITIONS

19970716 [ [UNDER OTHER THAN HONORABLE CONDITIONS |
3. UNIT AND LOCATION AT DISCHARGE [| _ [ BAD CONDUCT (Special court-martial only)

OR SEPARATION

T (Continue in Hem 13. See instructions on

My Ets was inquitable, because it was based on an isolated incident while I was stationed at Cannon AFB, NM. It was a

situation in my personal life and did not involve my performance in the Air Force. I had no other incidents that would support a
reduction in pay grade or this discharge. My enlistment term was almost ending so I was discharged with a reduction in rank and no

. it applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
AND THIS oo 7 SUBMITTED TO 2 ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

. OWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14.
if military documents or medical records are relevant to your case, please send copies.)

; AF Form 910 dated 19921216, AF Form 910 dated 19931215, AF Form 910 dated 19950414
US Department of Justice letter of Grant Request for the City of LaMonte when I was Chief of Police in LaMonte, MO

{AF Form 100 Authorization for Separation, AF Form DD214 Certificate of Discharge

ORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTA TIO
SUBMITTED BY ME. 1 ANDIOR icounsstiaresentative) WILL NOT APPEAR BEFORE THE BOARD.

(See em 70(GF Bie MiOHUGAGHiSTabOUt COL Toe FaDTRSO/EaINEY

11. APPLICANT MUST SIGN IN ITEM 12.8. 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 oy marking a box below.

12. CERTIFICATION. I make the foregoing statements, as part of my claim, with full knowledge of the mes, SNM Ber ese
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 (Do not write in this space.)
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, or both)

a. SIGNATURE - REQUIRED (Applicant or parson in Item 11 above)

20091111
DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. Pave) ict 4Pa
13, CONTINUATION OF ITEM 6, ISSUES (/f applicable)

further action would occur. While stationed at Elmendorf AFB, AK,(1991-1995) I received PACAF Airman of the Year. I have
attached three performance evaluation reports(AF Forms 910) to show proof of my excellent job performances. I also received

Expert Marksman and the Air Force Good Conduct Medal. Through out my Air Force career, I served my country with pride. I
performed my job in Law Enforcement to the best possible. It was an honor to be in the Air Force. | feel the incident in New

Mexico was an isolated incident and could have been handled differently. Leaving the Air Force was difficult. In civilian life, I
became the Chief of Police in LaMonte, Missouri which proved good character. 1 applied for grants for the City of LaMonte to
receive additional law enforcement protection. I have attached the letter of approval from the US Department of Justice proving this
grant acceptance. Please consider to upgrade my discharge to an honorable discharge and authorize my discharge grade to be
reinstated to an E-4. Based on my performance before this New Mexico incident and following it in the civilian life, 1 am a person

of good character and excel in my job duties.

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

46. REMARKS (if applicable)

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.
Bu Me baa 5200 on ene
. Louis, . i
(See hitp://arba.army.pentagon.mil) Washington Navy Yard, DC 20374-5023

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
Randoiph AFB, TX 78150-4742 Washington, DC 20593

 

DD FORM 283, 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:

  

          
 

FD-2009-00707 USAF

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: | APPEALS FOR: UPGRADE DISCHARGE TO
GENERAL CANNON AFB, NM 09 JUL 97 HONORABLE
DOB/ ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: | C. TIME LOST:
19 SEP 72 18 24 AMN SRA 22 APR 97 NONE -
AFSC: 3P052 - LAW ENFORCEMENT JOURNEYMAN | DEP DT-  ASVAB SCORES: UNKNOWN SCORES: UNKNOWN
8 FEB 91
D. ART 15/VAC: D. LOR, LOA, RIC, LOC: E. SCM/SPCM/ ADDITIONAL: (IE. CIVIL roe oeee — CDC)
*ART 15: 2 UNKNOWN GCM: UNKNOWN UNKNOWN

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
15 DEC 93 - 14 DEC 94 ELMENDORF AFB 4 (ANNUAL)
15 DEC 94 -13 APR 95 ELMENDORF AFB 5 (CRO)

14 APR 95 - 13 APR 96 CANNON AFB 5 (ANNUAL)
14 APR 96 - 13 APR 97 CANNON AFB 4(ANNUAL)
G. AWARDS & DECS: AFLSR, AFTR, AFOSLTR, NDSM, AFGCM wiOLc

EAD: 15 APR 91 DAS: UNKNOWN F TMS> 6YRS5 HOS 1DAS TAMS: 6 YRS 2 MOS 23 DAS

APPLN (DD FORM 293) DTD: | DT/INITIALS:. NPA/PA: NPA BOARD REGION:
44 NOV 09 45MAR11/CM So
RECORDS: | MPR: YES ARNS: NO STR'NO_| ISSUES: YES ‘[ ATIACHMENTS: YES

AUTH FOR DISCHARGE : AFI 36-3208, PARA UNKNOWN (PATTERN OF MISCONDUCT)

    
     
       

      
    

  
 
  

   
 

  

    

    

 

  
 

 

     
  

   

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

  
 

*(1) ART 15: 26 OCT 94 - (ART 92) VIOLATED A NO CONTACT ORDER.
_ *(2) ART 15: 22 APR 97 - (ART 92) VIOLATED A NO CONTACT ORDER.

EXAMINER’ S$ NOTE: NO DISCHARGE PACKAGE IN RECORD. ARTICLE 15s LISTED ABOVE OCCURRED DURING THE
CURRENT ENLISTMENT.

  
   

©SAF/MRBR V10709
OMB No. 0704-0004
OMB approval expires
Oct 37, 2009

  
   
   

APPLICATION FOR THE REVIEW OF DISCHARGE

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

ong DUTT ollecton of information 1s estimated fo average 30 minutes per responses, including the ime for reviewing instructions, se: aihertng a
inatedinn tee dita ooeded, “aril Completes brid epdandey the cakection of mtcrmallon, Send tommeris regarding ts burden eudnucie or toy otter weed of fue obocdor of hformaten’ eaters
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

gore shel be eee ee ary penalty fr falling ig to Com omy wo conection of itormation th cows rok dapiay 4 vaild OMB contro} number. PLEASE DO NOT RETURN YOUR FORM
FO. THE ABOV TION. RETURN COMPLETED FORM TO THE APPROP: A SS ON BACK OF THIS PAGE.
AUTHORITY: 10 U.S.C. 1583; E.0. 9397.

PRIVACY ACT STATEMENT
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.
1. APPLICANT DATA (The person whose discharge Is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

[APPLICANT BATA (he paren wise dsciare be rovewed. PLEASE PRINT OR TYPEINFORMATION,
[s. BRANCH OF SERVICE Ovone) | [ARMY | [MARINE CORPS | [NAW | x[AIRFORCE | [GOasTGUARD__|

Tb. NAME (Last, First, Wiciale initial) c. GRADEMRANK AT DISCHARGE d. SOCIAL SECURITY NUMBER
E2
A NUN

   
   
      

   

      

sing Gata SOUFCceSs, 9

 

      
    

  
   
    
 

 

       
   
     
   
  

  
    
 

      
 
   

  
   
  
  
   
 

  
   
  
   
 
 

(YYYYMMDD) (if date is more than 1S abe
ago, submit a DD Form 149)

19970716

a HONORABLE ‘Ec CHANGE TO HONORABLE
| XI GENERALIUNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
HOnORABES CONDTIONS

|__| UNDER OTHER THANHONORABLE CONDITIONS —_—_—|
3. UNIT AND LOCATION AT DISCHARGE

BAD CONDUCT (Special court-martial only)
OR SEPARATION UNCHARACTERIZED
27 93 Canon ABB New Msco [[PREREBOT

"Page 3.)
My dg was inquitable, because it was based on an isolated incident while I was stationed at Cannon AFB, NM. It was a

situation in my personal life and did not involve my performance in the Air Force. I had no other incidents that would support a
reduction in pay grade or this discharge. My enlistment term was almost ending so I was discharged with a reduction in rank and no

 
 
    
  

  

 

   

  

T (Continue in tem 13. See instructions on

 
   
      
 

  
  

 
  
 
 

icabie) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON {YYYYMMDD)
HIS FORM 5 SUBMITTED ids ADD ADDITIONAL ISSUES, JUSTIFICATION, OR

\ R OWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in item 14.
ir military documents or medical records are relevant to your case, please send copies.)

AF Form 910 dated 19921216, AF Form 910 dated 19931215, AF Form 910 dated 19950414
US Department of Justice letter of Grant Request for the City of LaMonte when I was Chief of Police in LaMonte, MO
. | AF Form 100 Authorization for Separation, AF Form DD214 Certificate of Discharge

9. mre oF REVIEW REQUESTED (X one)
RGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATIO

SUGANYTED BY ME.! ANDIOR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
TANDIOR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
sitet ancl D.C. Bernas AREA. ;

as

   
   
 

  
      
   
  
 

   
   
 
   
  

SENTAT AD Tae Fa Wale riley AND
"(See th item 10 of the instructions about counsel/representative.)

 
 
  

   

11. APPLICANT MUST SIGN IN ITEM 12.4. 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. | 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.)

    
 
 

20091111

    

DD FORM 293, NOV 2006 PREVIOUS EDITION IS OBSOLETE. Page 1 1 of 4 2 4 Pages
/ FormF iow
13, CONTINUATION OF ITEM 6, ISSUES (/f applicable)

further action would occur. While stationed at Elmendorf AFB, AK,(1991-1995) I received PACAF Airman of the Year. I have
attached three performance evaluation reports(AF Forms 910) to show proof of my excellent job performances. I also received

Expert Marksman and the Air Force Good Conduct Medal. Through out my Air Force career, I served my country with pride. I
performed my job in Law Enforcement to the best possible. It was an honor to be in the Air Force. I feel the incident in New

Mexico was an isolated incident and could have been handled differently. Leaving the Air Force was difficult. In civilian life, I
became the Chief of Police in LaMonte, Missouri which proved good character. I applied for grants for the City of LaMonte to
receive additional law enforcement protection. I have attached the letter of approval from the US Department of Justice proving this
grant acceptance. Please consider to upgrade my discharge to an honorable discharge and authorize my discharge grade to be
reinstated to an E-4. Based on my performance before this New Mexico incident and following it in the civilian life, I am a person

of good character and excel in my job duties.

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

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

ARMY NAVY AND MARINE CORPS

Army Review Boards Agency ;
Support Division, St. Louis Nay a ouncl of Personnel Boards

9700 Page Avenue . Room 309 (NDRB)
St. Louis, MO 63132-5200 i
(See http:/arba. army.pentagon.mil) Washington Navy Yard, DC 20374-5023

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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