AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
GRADE AFSN/SSAN
t
TYPE UOTHC
PERSONAL APPEARANCE
x | RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
HON GEN UOTHC OTHER DENY
- ee eee Xx
xX
x
‘ Xx
: xX
ISSUES AOI 25 INDEX NUMBER A66.00
A85.01 1_|ORDER APPOINTING THE BOARD
A94.05 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 Aug 2012 FD-2010-00007
Case heard in Washington, D.C.
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
FROM: —
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
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00007
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.
ISSUE: Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge for
Misconduct — Drug Abuse.
Issue 1 - Applicant contends his discharge was improper because it was based on hearsay evidence without
any physical evidence of his guilt. The record indicates that the applicant was discharged for Misconduct—
Drug Abuse. The record indicates there were multiple witnesses to applicant’s distributing, possessing and
using marijuana and the applicant was preferred with drug-related charges and specifications. The record
indicates applicant signed a pre-trial agreement on 18 May 2009 in which he waived his right to a board
hearing in exchange for the court dropping the charges and specifications. The applicant was given an
Article 15 and presented his case to his commander, subsequently being administratively discharged. The
DRB opined the applicant was given due process and found insufficient mitigation or extenuation to upgrade
the discharge. 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 almost nine years of service was unaware of the Air Force policy of
zero tolerance to drug use. The Board concluded the applicant’s misconduct was a significant departure
from conduct expected of all military members, especially those with the experience and rank of the
applicant. A discharge is upgraded only if the applicant and the Board can establish that an inequity or
impropriety took place at the time of discharge. After a thorough review of the record, the Board found no
evidence to justify an upgrade of the discharge.
Issue 2 — Although not explicitly stated, applicant contends his discharge was too harsh and as a result, he is
having difficulty finding employment. He contends his discharge should be upgraded to honorable based on
his other acts of merit during his career. 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. The Board was sympathetic to the impact the characterization of his discharge was having on
the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.
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
AF | DRB | CY2010 | FD-2009-00064
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 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. Applicant submitted no issues regarding the inequity or impropriety of his discharge...
AF | DRB | CY2011 | FD-2011-00008
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. FINDING: The Board denies the upgrade of the discharge. The record indicates that the applicant received a Letter of Reprimand for wrongful use of spice.
AF | DRB | CY2010 | FD-2008-00466
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AIC Pt TYPE | PERSONAL APPEARANCE X RECORD REVIEW COUNSEL NAME. 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 Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that...
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN TYPE GEN | PERSONAL APPEARANCE xX RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING ~~ HON | GEN. | UOTHC | OTHER | DENY xX ¢ x Xx L Xx x ISSUES A92.35 INDEX NUMBER - A66.00 A92.21 1 |ORDER APPOINTING THE BOARD A92.01 2. |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO...
AF | DRB | CY2009 | FD2008-00281
FINDINGS: Upgrade of discharge is denied. 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. The applicant cited his desire to receive the G.I.
AF | DRB | CY2010 | FD-2009-00093
COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIMF OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 01 Jul 2010 FD-2009-00093 CC OAPPLICANT’SASSUB AND. The Board concluded that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.
AF | DRB | CY2010 | FD-2009-00150
ou NDORSEMENT SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 Advise applicant of the decision of the Board, the nght to a personal appearance with/without counsel, and the right to submit an SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, IRD FLOOR ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (FF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00150 GENERAL: The applicant...
AF | DRB | CY2010 | FD-2010-00343
FINDING: The requests to upgrade the discharge, to change of reason and authority for discharge, and to change of reenlistment code are denied. Attachment: Examiner's Brief CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00343 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge, and to change the reenlistment code. FINDING: The requests to upgrade the discharge, to change of reason and...
AF | DRB | CY2010 | FD-2009-00139
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. FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code. The record indicates that the applicant was discharged for Misconduct—Drug Abuse.
AF | DRB | CY2010 | FD-2008-00596
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. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.