AIR FORCE DISC HARG E RE\ II \\ BOARD HEARING RECORD
T, FIRST MIDDLE INITIAL)	GRADE

AlC
ONAL APPEARANCE	RECORD  REVIE

YES	No
x
+-----   -- ---------------------
MEMBER SITTING

ADDRESS AND OR ORGANIZATION OF COUNSEL

HON	GEN	UOTHC	OTHER

DENY

x x
x

ISSUES

A94.05 A93.17

INDEX NUMBER

A67.70
A66.00	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

03 Mar 2011	FD-2009-00068

Advise applicant of the decision of the Board and the right to subm it an application to the AFBCMR. Names and votes will be made available to the applicant at the applicant's request.

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7001

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIO"\' AL RATIONALE	CASE NUMBER

FD-2009-00068	I	

GENERAL: The applicant appeals for upgrade of disc kirge to honorable to  change  the  reason  and authority for the discharge, and to change the reenl istment c, .,Jc

The applicant appeared and testified before the Discha rc>1. Review Board (DRB), without counsel,  at Andrews AFB on 03 Mar 2011.
The attached brief contains available pertinent data on the ap1•l i cant and the factors leading to the discharge. The following additional exhibits were submitted at the heari n g:
Exhibit #5: Applicant's Contentions

FINDING: The Board denies the upgrade of the discharge, the change of reason  and  authority  for discharge, and change of reenlistment code.

The Board finds that neither the evidence of record nor t hat provided by  the applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issue 1. Applicant contends his discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, one Letter of Reprimand and two Records of Individual Counseling for misconduct. The DRB opined that through these administrative actions,  the  applicant  had  ample opportunities to change his negative behavior. The Board concluded that the negative aspects of  the applicant's service outweighed the positive contributions he made in his  Air  Force  career.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2. Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports and other accomplishments. It 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.

Issue 3. 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.

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	

APPLICATION FOR THE REVIEW OF DISCHARGE FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instroctions on Pages 3 and 4 BEFORE completing this app/Jca:·  ,• )	OMS No. 0704-0004
OMB approval expires Oct 31, 2009	
a pu  1e reporting   ur  en or    1s co ection o  Kl onnallon 1s esbma      to average      minutes per response, in  u mg    e	ior revtewmg instrucbons, sear    ng extsbng   ala sources. ga   enng a
maintain ng Ule data needed, and completing and reviewing the collection ofinformation. Send comments regarding this bur< "!n estimate or any other aspect of this conection of information,induding
suggestions for reducing Iha burden, lo the Department of Defense, Execulivs Sel\lices Directorate (0704--0004). Responde•·•s oOoutd be aware that notwithstanding arry other pmvision of law, no person shall be subject lo any penalty for famng lo comply with a collection of information if it does not display a rurrently val>J   >;B control number. PLEASE DO NOT RETURN YOUR FORM
TO THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRJATE ADDRESS ''.l_B_A_C_K_O_F_THIS_PA_G_E_.	-t
PRJVACY 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 jischarge issued to an individual. ROUTINE USE(S): None.
DISCLOSURE:  Voluntary; however, failure to provide identifyinginformation may impede prncessing of this application. The request for Social
Security Number is strictly to assure properidentification of the individual and appropriate records.	
1.APPLICANT DATA (The person whose discharge is to be reviewed).  PLEASE PRINT OR TYPE INFORMATION.	

NE CORPS	NAVY

r-	--- -r--.	1

2.	DATE OF DISCHARGE OR SEPARATION
(YYYYMMDD) (If date is more than 15yeara ago, submit a DD Form 149)

GENERAUUNDER HONORABLE CONDITIONS

		CHANGE TO UNCHARACTERIZED
(Not applicable for Air Fore&)

SEPARATION:	
-	-	-	-	-	-	-	-1	.		

I ...	UNDER 01HER THAN HONORABLE CONDITIONS
3.	

UNIT AND  LOCATION AT  DISCHARGE	BAD CONDUCT (Special court-martial only)
2.	
AORFSEtJPArRlA:::T. IO,N	!, T'.t'C'-'?- "L

-r,U..N...C.,H..A,.R...A,,C..T,.E,=R.IZ-E-D-

li-c....c._... <;- • 1

IAA!.-l J .	L

J	1--

6.	ISSUES: WHY AN UPGRA?fo OR .CHANGE IS RE ESTED AND JUSTIFICATION FOR THE REpUf,ST (Con6nue InItem 13. See lnstroclions on
Page 3-) :t:	l f  K<- T	We-- P"-r"- i	p r ia-	r /f'\y  .M ; 5 U£-j	tA	f-1.?L po.. J.,
·:r: hc;_ m.o..--hJ	-	r<LA-1•	<-A... th..t- 1=- _a...r... A.cs> I- f	0,., 1'/  CJ.11"-­
v/w	» f'  /'1   l"1	bo..L c.AiL<Z..S . ::;:: j0sf- Wd}<}(,..l_ 1 1 Jk... tc.'l I\ /"\_
7.(Xif applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)	 	
AND THIS FORMIS SUBMITTED TO ADD ADDITIONALISSUES, JUSTJFICATION, OR E\llDENCE.
8.	IN SUPPORT OF THIS APPLICATION,THE FOLLOWING ATTACHED  DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Con6nue In Item 14.       If miHtary documents or medical records are relevanl: toyour case,please send copies.)

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL ALE ANDANY ADDITIONAL DOCUMENTATION	-t1
SUBMITTED BY ME. IAND/OR (counsel/representative) WILL NOTAPPEAR BEFORE 1HE BOARD.
I ANDIOR (counsellrepresentalive) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO TilE GOVERNt ENT BEFORE THE BOARDIN THE WASHINGTON, D.C. METROPOLITAN AREA.
IAND OR (coimsellrepresentalive) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO TilE GOVERNMENT BEFORE A TRA  EUNG PANEL CLOSEST TO
(enter city and stat&)	· (NOTE: The Navy Discharge Revi&W Board does nothave a traveling panel.)
.a.	E  RE	(If anyJ	(Last, First, Middle lni6al)	D   SS
(See Item 1O of Iha Instructions about counselliepresenta6ve.)

11.	APPLICANT MUST SIGNINITEM 12.a. BELOW. If the recordIn questionIs that of a deceased orIncompetent person,LEGAL PROOF        OF DEATH ORINCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the applicationis signed by other than the applicant,
.Indicate the name (print)	and relationship by marking a box bel(>W.
SPOUSE	WIDOW	WIDOWER	NEXT OF KIN	LEGAL REPRESENTATIVE	OTHER (SpecifyJ

12.	CERTIFICATION. Imake the foregoing statements; as part of my claim. with full knowledge of the penaltiesInvolvedfor wntfully making a false statement or claim.(U.S. Code, TJtle 18, Sections 287
and 1001, rovide that en individual shall be fined under this title or imprisoned not more than 5 years, orboth.)
b. DATE SIGNED·REQUIRED
(YYYYMMDD)

CASE NUMBER

(Do not write in this space.)

Page 1 of 4 Pag FormFlow/Adobe Oeslgner7.

13. CONTINUATION\ OF ITEM 6, ISSUES (If applicaJtle)
e.;"j up 1JeL 1   I \--  w>oJ \"'<--I f	!"'"/ F hwi	".l	of:	re tv r.' llj	kl<
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f> J,uzr 1'-'/	C- e_	!<-	f	'b.MC.., lt!i/V\. +	K{j_ W-- et/<!/'"'f f '1,.
14-. CONTINUATION\OF ITEM 8, SUPPORTING DOCUMENTS (Jf applicable)

\

15. REMARKS (If apJPlicable)
I

\
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\

·.

IVIAJL COMPLETEDAPPLICATIONS TO APPROPRIA1E ADDRESS BELOW.

ARMY	NAVY AND MARINE CORPS

y Re\liew Boards Agency Support  Division,Sl Louis 9700 PageA'ienue
.s Louis, MO. 63132-5200
(SeIa   httpJ'Jarba.anny.pentagon.m.il)
I	AIR FORCE
Aitj Force Review Boards Agency
Sff/MRBR
559-c Street West, Suite 40
Ra!-icJolphAFB, lX 78150-4742

DD FORM 293, NPV 20(}6

Naval Council of Personnel Boards 720 Kennon Street, S.E.
Room 309 (NDRB)
Washington Navy Yard, DC 20374-5023

COAST GUARD
U.S. Coast Guard Commandant (CG-122)
2100 Second Street, S.W. Room 5500
Washington, DC 20593

I
I
I

Pago 2 of 4 Pag	\

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

DOCKET #
FD2009-00068

COMPONENT:
.    USAF

:-:-::==--.-:-::=--=-=-=-=-=----_1'
APPEALS FOR:

--- -----1

GENERAL

MAXWELL AFB,  AL	14 DEC 04

HON DISCH, RE CODE AND NARRATIVE REASON

DOB/ ENLMT AGE :
14 MAR 82	18 3/12

DISCH AGE: 22  9/12

FORMER:	HGH: A1C	SRA
B.	
CURRENT DOR: 15 NOV 04
C.	
TIME LOST:
II  NONE

t-:-=:""".=-- c=--===-==-="'="=-::--:-7-=-=--:-:-:-:--=-==-== :-:=--	+--=c-=,------+---,-,.,--=--c=c-c---J      .	_..
AFSC:    3A051-INFORMATION MANAGEMENT	DEP OT:	ASVAB SCORES:

JOURNEYMAN	11 DEC 99

A: 76   E: 34   G: 48  M: 38

D.	ART 15:
ART 15: 1
D.	
LOR, LOA, RIC, LOC: LOR: 1/  RIC: 2
E.	
SPCM I GCM: NONE

ADDITIONAL: (IE. CIVIL CONV, CDC) NONE

F.	RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) : 21 JUN 00 - 21 FEB 02 BUCKLEY AFB 5 (INITIAL)
22 FEB 02 -15 NOV 02 BUCKLEY AFB 5 (CRO)
16 NOV 02 -15 NOV 03 MAXWELL AFB 5 (ANNUAL)
G.	AWARDS & DECS:  AFAM  w/10LC,  AFTR, NDSM, SAEMR, AFLSA, AFOEA, AFOUA w/10LC
D.	

EAD: 21JUN 00

DAS:
18 FEB 03

H.TMS:
5 YRS,  0 MOS, 3 DAS

TAMS:
4 YRS,  5 MOS,  25 DAS

APPLN (DD FORM 293) DTD:	DT/ INITIALS: 24 JAN 09	19AUG09/JLL

NPA:   YES	PA: NO

RECORDS :	MPR:	ARMS:  X	STR: X	ISSUES: YES

ATIACHMENTS:  NO

AUTH FOR DISCHARGE :
AFI 36-3208, PARA 5.54 & 5.49  (MISCONDUCT:  DRUG ABUSE  & MINOR DISCIPLINE INFRACTIONS) ART 15; SPMC; GCM; ADDITIONAL:
RIC: 11MAR 04 • AWOL.
RIC:   9 JUN 04 • FAILED TO GO. LOR:  30 JUN 04 • MISUSED GTC.
ART 15:  15 NOV 04·(ART 112A) USED MARIJUANA.

EXAMINER'S NOTE: NOTES:

©SAF/MRBR V10709

u	v
DEPARTMENT OF THE AIR FORCE
HQ AIR FORCE OFFICER ACCESSIONS AND TRAINING SCHOOLS
MAXWELL AFB, ALABAMA 36112

0 1 DEC 2004

MEMORANDUM  FOR FROM:  HQ AFOATS
SUBJECT:  Notification  Memorandum

1.	I am recommending your discharge from the United States Air Force for Misconduct:   Drug Abuse and Misconduct: Minor Disciplinary Infractions.  The authority for this action is AFPD 36- 32 and AFI 36-3208, paragraphs  5.54 and 5.49.  Ifmy recommendation  is approved, your service will be characterized as an Under Honorable Conditions (General) Discharge. I am recommending that your service be characterized as an Under Honorable Conditions (General) Discharge.

2.	My reasons for this action are:

a.	Between on or about 9 September 2004 and on or about 23 September 2004, you wrongfully used marijuana. For this act of misconduct you were punished IAW Article 15, UCMJ on
15 November 2004. The punishment consisted of a reduction to the grade of Airman First Class, suspended forfeiture of $250.00 pay per month for 2 months. The Article 15 was filed in your existing Unfavorable Information File (UIF). (Attachment A)

b.	Between on or about 6 January 2004 and on or about 17 April 2004, you misused your Government Travel Card (OTC). For this act of misconduct you received a Letter of Reprimand (LOR) on 30 June 2004. The LOR established a UIF.  (Attachment B)

c.	

On or about 7 June 2004, you failed to go at the time prescribed to your appointed place of duty. For this act of misconduct you received a Record oflndividual Counseling (RIC) on
9 June 2004.  (Attachment C)

d.	On or about 10 March 2004, you were absent without leave.  For this act of misconduct you received a RIC on 11 March 2004.  (Attachment D)

Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached. The commander exercising SPCM jurisdiction or higher authority will decide whether you will be discharged or retained in the United States Air Force and, if you are discharged, how your service will be characterized. If you are discharged, you will be ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistance funds may be subject to recoupment. The separation authority will make the findings and recommendations required under 10 U.S.C. Section 2005 (g)

3.	You have the right to consult counsel. Mil

•  •  •  1 •	I I -     I•  I- -  I I

I "   I· .t   I •

OU. I

n

have made an appointment for you to consult I	I

J  D e c  OL( , at	/ 1 30	hours.  You

"  •	'	'	•	•I	t '	•      •  W   I        • •	• • nse.

4.	You have the right to subrn1t statements in your own behalf. Any		ments you want the separation authority to consider must reach me by  ( (J e_c Otf	unless you request and
receive an extension for good cause shown.  I will send them to the separation authority.

5.	Ifyou fail to consult counsel or to submit statements in your own behalf, your failure will constitute a waiver of your right to do so.

6.	You have been scheduled for a medical examination. You must report to MAXWELL AFB, 90
N. MCCRACKEN AVE. on 3 Dc. 04.  , at	I	:l 0	hours for the examination.

7.	Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of AFI 36-3208 is available for your use at UNIT ORDERLY ROOM.

8.	Execute the attached acknowledgment and return it to me immediately.

Attachments:
1.	Supporting Documents
2.	Receipt of Notification Memorandum

\

\...,,'
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR UNIVERSITY (AETC) MAXWELL AIR FORCE BASE ALABAMA

DEC I· 9 2004

MEMORANDUM FOR 42 ABW/CC FROM: HQ AU/JA
SUBJECT:  
1.	On 1 Dece	HQ AFOATS/CC, initiated an involuntary separation
action against			Abuse and Minor Disciplinary Infractions under the provisions of	,	.54 and 5.49. He has recommended an Under Honorable
Co	eral) Discharge without probation and rehabilitation (P&R). This is a notification case,

as	not entitled to a discharge board.  Ihave reviewed t

.  •    .	. •  II I

it legally

su   1 1	ommend that you sign the proposed order separating	e Air Force with an Under Honorable Conditions (General) Discharge.

2.	BASIS FOR ACTION:

a.	Between on or about 9 September 2004 and on or about 23 September 2004,   wrongfully used marijuana.  For this act of misconduct he was punished IAW	,	J on 15 November 2004. The punishment consisted of a reduction to the grade of Airman First Class and
suspended forfeiture of $250.00 pay per month for 2 months.  The Article 15 was filed in his existing Unfavorable Information File (UIF).

b.	Between on or about 6 January 2004 and on or about 17 April 200 '

isused his

Government Travel Card (GTC). For this act of misconduct he receiv - • •	•  J eprimand (LOR)
on 30 June 2004.  The LOR established a UIF.

c.	On or about 7 June 2004,
duty. For this act of miscon II	-     -    -    t

led to go at the time prescribed to his appointed place of
d a Record of Individual Counseling (RIC) on 9 June 2004.

d.	

On or about 10 March 2004 received a RIC on 11 March 2

as absent without leave.  For this act of misconduct he

3.	EVIDENCE FOR THE RESPONDENT:	He has four
1.	
years and five months of active duty service wi

.	.	.. ..	.	" .. ,.

itled to wear the

Air Force Training Ribbon, National Defense Service Medal, Small Arms Expert Marksmanship Ribbon,

Air Force Longevity Service Award, Air Force Achieveme ,.   lJ  •	•

Outstanding Unit Award, and

Air Force Organizational Excellence Award. Airman First	suited legal counsel and

elected to submit statements for your consideration; specifi February 2005, or given an honorable discharge.

' that he be retained until

4.	DISCUSSION:

a.	AFI 36-3208, paragraph 5.54 and 5.49 authorizes the	eparation of airmen who engage in Drug Abuse and Minor Disciplinary Infractions.  Duringnlistment, his misconduct has resulted in one Article 15, two RICs, and a LOR. The continuing nature of these documented instances of misconduct, despite frequent rehabilitative efforts, satisfies the requirements of the instruction and justifies discharge.

b.	Characterization of service as general is appropriate when significant negative aspects of an ainnan' s conduct outweigh positive aspects of their military record (para 1.18.2). Airman First Class
sconduct clearly outweighs the positive aspects of his military record.  An Under Honorable t ons (General) Discharge is warranted.
-
c.	Per AFI 36-3208, paragraphs 5.55.2.3 and 7.2.6, this airman is not eligible for P&R because the
primary basis for this discharge is drug abuse.

5.	OPTIONS:  As special court-martial convening authority, you may:

a.	

Direct tha	e retained (para 5.56.1.1);

b.	Direct that	e discharged with an Under Honorable Conditions (General) Discharge;

c.	

Refer this case to the initiating commander for processing IAW administrative discharge board procedures if you believe discharge with an Under Other Than Honorable Conditions service characterization is warranted (para 6.2.2); or

d.	Forward this case to AU/CC with your recommendation tha Honorable Discharge (para 5.56.2.1).

e discharge with an

6. RECOMMENDATION: Discharge without P&R and b Maxwell-Gunter Annex for a p

· a  11 11 ;.n 1

I• 9      I	•

at you approve an Under Honorable Conditions {General) om Maxwell AFB, Maxwell Family Housing Annex and ar.

I concur.

Attachment: Case File