AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE | | RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
rx DANIEL CONWAY 78 Clark Mill Rd Weare NH 03281
x] |
MEMBER SITTING HON GEN uoTHC | OTHER DENY
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X*+
ISSUES A92.21 INDEX NUMBER A66.00 e as
A01.43 11 [ORDER APPOINTING THE BOARD
A01.55 12, [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
13 Mar 2012 EDs 2010: S16?
oe
Case heard in Washington, D.C.
Advise applicant of the decision of the Board 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.
*Narrative Reason and Authority
+RE Code
SAF/MRBR ‘ 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
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00167
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and
authority for the discharge, and to change the reenlistment code.
The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
AFB on 13 Mar 2012. The following witness also testified on the applicant’s behalf: Mr. William L. Bagley
(Stepfather).
The following additional exhibits were submitted at the hearing:
Exhibit #6: Response to Discharge and Letter of Evaluation
Exhibit #7: Character Reference Letters
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The request for the upgrade of the discharge, to change of reason and authority for discharge,
and to change of reenlistment code are denied.
ISSUE: Applicant received a General discharge for Misconduct — Drug Abuse
Applicant contends discharge was improper because it was based on unsubstantiated evidence. The record
indicates the applicant received an Article 15 for wrongful use of spice. Upon review of the record, the
Board was unable to find any documentation regarding the investigation of the applicant’s drug use.
Additionally, after a thorough and complete consideration of the information submitted by the applicant, the
applicant’s testimony and the information provided the applicant’s witness the Board found the applicant’s
contention to have no merit. Due to lack of evidence and supporting documentation to explain the
circumstances regarding the investigation, 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.
The Board was pleased to see that the applicant has a good job, was enrolled in college, and volunteers in his
community. 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.
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 | CY2011 | FD-2010-00228
The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB on 08 Mar 2012. 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 DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.
AF | DRB | CY2011 | FD-2009-00730
The applicant appeared and testified before the Discharge Review Board (DRB) without counsel at Andrews — AFB on 21 Jun 2012. In his testimony , he described the effects of the products similar to smoking a Newport and described Spice as providing a longer “boost.” The fact Spice was not specifically listed as a prohibited substance until June 2010 does not exclude its use from being a basis for discharge per AFI 36-3208, paragraph 5.54, which states, "Drug abuse is incompatible with...
AF | DRB | CY2011 | FD-2010-00262
i | Poof GEE J x i ee ee poo oG oF bE dG | i oy | | i of 4 | i ; ; i i ee ee | i 4 “ ee | HE | Poy od | rf - Po bod ot dg | ISSUES ‘493.19 INDEX NUMBER rn 67.10 oe a a is f A92.21 1 |ORDER APPOINTING THE BOARD A93.01 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 29 Mar 2012...
AF | DRB | CY2010 | FD-2010-00327
*Narrative Reason and Authority +RE Code FROM: 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-2010-00327 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the...
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-2010-00355
FINDING: The Board denies the upgrade of the discharge to honorable and the change of reason and authority for discharge; however, the Board approves upgrade of discharge to general. The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. The record shows the applicant’s case was reviewed at the Air Force Review Boards Agency where the Board voted to discharge with a General discharge.
AF | DRB | CY2010 | FD-2010-00302
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE AFSN/SSAN RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY X*+ | ny x + * L X+ * X*+ X*+ ISSUES A94.06 INDEX NUMBER A67.50 A93.22 1_|ORDER APPOINTING THE BOARD 2_ | APPLICATION FOR REVIEW OF DISCHARGE 3. The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant’s Contentions Exhibit #6: Department of Veterans...
AF | DRB | CY2011 | FD-2010-00270 (2)
+Narrative Reason *Reenlistment Code SAF/MRBR 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 CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00270 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to...
AF | DRB | CY2011 | FD-2009-00522
The Board finds evidence in the record to substantiate an impropriety that would justify a change of discharge. Applicant did provide evidence that he paid his government charge card in full on 27 January 2003. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.
AF | DRB | CY2011 | FD-2010-00298
FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The record indicates the applicant was discharged following his admission that he had smoked marijuana prior to entering the Air Force and concealed that information on his entrance documents.