Search Decisions

Decision Text

AF | DRB | CY2012 | FD-2012-00201_13
Original file (FD-2012-00201_13.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE L'IJITIAL)
GRADE
 AFSNISSAN
x        PERSONAL APPEARANCE      RECORD REVIEW

 NAME OFCOUNSELAND OR ORGANIZATION
(b) (6)
 ADDRESS AND OR ORGANIZATION OFCOUNSEL
(b) (6)

MEMBER SITTING
HON      GEN      UOTHC










x
 OTHER    DENY
x x x x


ISSUES

A92.21 A94.55

INDEX NUMBER

A60.00


ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LEITER OF NOTIFICATION
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED ATTIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING


HEARING DAT£      CASE NUMBER

25 Apr 2013      FD-2012-00201


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.




\
/
I        f        I
I        !
l        I
I
···--·----   --.i..   JS!i!&   :        {
TO:      FROM:    I        I

SAFfMRBR
550 CSTREET WEST, SUITE 40 RANDOLPH AFB,TX 78150-4742
SECRETARY 01'THE AIR FORCE PERSONNEL COUNCIL AIR FORC& DISCHARGE Rf:YIEW BOA.RD 1535COMMAND DR, EE WING, 3RD Fl.OOR
ANDREWS AFB.1111> %0762-7001


AFHQ FORM 0-2077, JAN 00         (EF-V2)  Previous


CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2012-00201

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB on 25 April 2013.

The following additional exhibits were submitted at the hearing: Exhibit # 1: Applicant's Contentions
Exhibit #2-11: Submissions from the Applicant, to include character statements, awards, letters of appreciation, training records, performance reports, documentation of physical fitness, a polygraph, and a personal statement.

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 impropriety of his discharge. The applicant does submit that he believes he deserves a second chance despite his discrepancies so that he may once again serve his country in the National Guard. The record indicates the applicant falsified information regarding illegal drug use on his Personnel Security Questionnaire (PSQ) dated 30 September 1994. He had used marijuana and methamphetamine while attending the Air Force Academy, and willfully failed to disclose the fact that he used marijuana, cocaine, and other illegal drugs prior to entering the Academy. The Board opined that while he was an otherwise outstanding duty performer who showed courage and a strong moral compass by reporting his own misconduct, the Board could not find that the positive aspects of his service record or character offset the serious misconduct he committed. In fact, the Board noted that this type of misconduct would routinely be disposed of in a courts-martial setting. The Board concluded that the applicant's unit likely took into account his outstanding duty performance when deciding to separate him with a General service characterization. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

The DRB was pleased to see that the applicant was doing well and has a good job. The applicant is physically fit, and appears to be a man of purpose and integrity. He volunteers his time and was able to present evidence of substantial and impactful volunteer work. However, the Board felt that the DRB's purview was squarely limited to assessing the applicant's in service conduct as it related to a potential for impropriety or inequity in the discharge. The Board concluded the misconduct of the applicant appropriately characterized his term of service, but it did overwhelmingly desire that the applicant consider presenting his case before the Board for Correction of Military Records (BCMR).

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

Similar Decisions

  • AF | DRB | CY2005 | FD2005-00201

    Original file (FD2005-00201.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD UTIAL) GRADE 1 LT TYPE GEN ' q?N?sw PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION RECORD REVIEW X ADDRESS AND OR ORGANUATION OF COUNSEL YES No X MEMBER SITTING ISSUES A94.05 INDEX NL'MBER A70.00 HEARING DATE CASE NUMBER I ( I I I EXHIBrrS SUBMITTED TO THE BOARD 1 1 ORDER APPOINTING THE BOARD 2 1 APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION PERSONAL APPEARANCE I TAPE RECORDING OF PERSONAL APPEARANCE 15 Dec...

  • AF | DRB | CY2013 | FD-2013-00320

    Original file (FD-2013-00320.rtf) Auto-classification: Denied

    1 ORDER APPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4 BRIEF OF PERSONNELFILE COUNSEL'SRELEASETOTHE BOARD ADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONAL APPEARANCETAPERECORDING OFPERSONAL APPEARANCEHEARINGHEARING DATE CASENUMBER 28Jan2014 FD-2013-00320Caseheardviavideo-teleconferencebetweenJointBaseAndrewsMarylandandRobinsAFBGeorgia Adviseapplicantof thedecisionof theBoardandtherighttosubmitanapplicationtotheAFBCMR. Namesandvoteswillbemadeavailabletotheapplicantat...

  • AF | DRB | CY2012 | FD-2012-00029_13

    Original file (FD-2012-00029_13.rtf) Auto-classification: Denied

    GENERAL:Theapplicantappealsforupgradeofthedischargetohonorable,tochangethereasonand authorityforthedischarge,andtochangethereenlistmentcode. TheapplicantappearedandtestifiedbeforetheDischarge ReviewBoard(DRB),withoutcounsel,at AndrewsAFBon16Jul2013. Thefollowingadditionalexhibitsweresubmittedatthehearing: Exhibit#5:Applicant'sContentionsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.

  • AF | DRB | CY2010 | FD-2008-00394

    Original file (FD-2008-00394.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN X PERSONAL APPEARANCE RECORD REVIEW : NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL [ _ VOTE OF THE BOARD HON GEN UOTHC OTHER DENY ISSUES A92.01 INDEX NUMBER A67.10 sae A92.15 1 |ORDER APPOINTING THE BOARD A95.00 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL...

  • AF | DRB | CY2013 | FD-2013-00268_13

    Original file (FD-2013-00268_13.rtf) Auto-classification: Denied

    GENERAL:Theapplicantappeals forupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearance beforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:TheBoarddeniestheupgrade ofthe discharge.ISSUE: ApplicantreceivedaGeneraldischargeforMisconduct-MinorDisciplinary...

  • AF | DRB | CY2011 | FD-2010-00228

    Original file (FD-2010-00228.pdf) Auto-classification: Denied

    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 | CY2010 | FD-2010-00343

    Original file (FD-2010-00343.pdf) Auto-classification: Denied

    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 | CY2013 | FD-2013-00465

    Original file (FD-2013-00465.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGE REVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLE INITIAL)GRADEAFSN/SSANTYPE GEN x I PERSONALAPPEARANCEI RECORD REVIEW fJ!. :k::: NAMEOFCOUNSELANDORORGANIZATION YES NoxADDRESSANDORORGANIZATIONOFCOUNSEL:_ .MEMBERSITTINGHON GENUOTHC OTHER DENY X*+ I I I IX*+ISSUES A94.05 INDEXNUMBER A67.10 1ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4...

  • AF | DRB | CY2010 | FD-2010-00356

    Original file (FD-2010-00356.pdf) Auto-classification: Denied

    | j | # A92.21 ~ i i710 See a oe A92.01 1 JORDER 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 12 Jul 2012 FD-2010-00356 - Pea eISS ‘Case heard in Washington, D.C. FINDING: The request for the upgrade of the discharge, to change of reason and authority for...

  • AF | DRB | CY2011 | FD-2010-00167

    Original file (FD-2010-00167.pdf) Auto-classification: Denied

    *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,...