AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) ~ | GRADE AFSN/SSAN
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PERSONAL APPEARANCE X RECORD REVIEW
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ISSUES INDEX NUMBER ~éE ee EXHIBITS SUBMITTED:TO THE BOARD.
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9 | APPLICATION FOR REVIEW OF DISCHARGE
|3 | LETTER OF NOTIFICATION |
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HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
18 SUIN'OS FD2005-0008 _ COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
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T TAPE RECORDING OF PERSONAL APPERANCE HEARING J

 

 

 

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APPLICANT'S ISSUE AND THE BOARIZ'S DECISIONAL RATIQNAL‘ARE DISCUSSED ON THE ATTACHED AIRFORCE: DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

ag ae ee Sg
Case heard at Washington, D.C.

 

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.

 

 

OF BOARD PRESIDENT

—

SIGNATURE OF RECORDER

   
  

DATE: 18 JUN 03

 

     

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°? ELOOR

ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0008

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 to
exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is denied.

The board finds that the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received an
Article15 for wrongfully using marijuana. The Board concluded the drug use was a significant departure
from the conduct expected of all military members. The Board found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge.

CONCLUSIONS: 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 that 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, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2003-00008
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SRA) (HGH SSGT)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 22 Jan 93 UP AFR 39-10,
para 5-51 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 10 Nov 56. Enlmt Age: 23 1/12. Disch Age: 36 2/12. Educ: HS DIPL.
AFOT: N/A. A-37, E-61, G-61, M-81. PAFSC: 90270 ~ Medical Service Technician.
DAS: 2 Oct 89.

b. Prior Sv: (1) AFRes 21 Dec 79 - 30 Jan 80 (1 month 9 days) (Inactive).

(2) Enlisted as AMN 31 Jan 80 for 4 yrs. Reenlisted as Sgt
31 Oct 83 for 4 yrs. Extended 5 Jun 85 for 10 months. Extended 3 Aug 87 for 12
months. Extended 2 Jun 88 for 12 months. Extended 23 Aug 88 for 2 months. Svd:
10 yrs 4 months 3 days, all AMS. AIC - 31 dul 80. SRA - 1 Jun 82. SGT - 1 JUN
83. SSGT - 1 Sep 86. APRs: 9,9,9,9,9,9,9,9,9,8,9. EPRs: 4.

ART 15: 6 Jan 88, Clark AB, Philippines - Article 128. You did, at
Angeles City, Republic of the Philippines, on or about 22 Dec
87, unlawfully strike ------- on her face with your hand.
Further investigation has revealed that you did, at Angeles
City, Republic of the Philippins, on or about 22 Dec 87,
unlawfully strike ------- , on her face with your hand.
Forfeiture of $269.00 pay for one month, and 14 days extra
duty. (No appeal) (No mitigation)

3. SERVICE UNDER REVIEW:

a. Reenlisted as SSgt 4 Jun 90 for 6 yrs. Svd: 2 Yrs 7 Mo 18 Das, all AMS.

b. Grade Status: SRA - 24 Nov 92 (Article 15, 24 Nov 92)

c. Time Lost: None.

a. Art 15’s: (1) 24 Nov 92, Norton AFB, CA ~- Article 1ll12a. You did,
between on or about 13 Sep 92 to on or about 13 Oct 92,
wrongfully use a controlled substance, to wit:
marijuana. Reduction to SRA, suspended forfeiture of
$500.00 pay per month for two months, and a reprimand.
(No appeal) (No mitigation)

e. Additional: None.

£f. CM: None.
FD2003~00008

g. Record of SV: 22 May 90 - 10 Dec 90 Norton AFB 5 = (CRO)
11 Dec 90 - 10 Dec 91 Norton AFB 5 (Annual)

(Discharged from Norton AFB)

h. Awards & Decs: AFTR, AFAM, AFGCM W/3 DEVS, NCOPMER, SAEMR, NDSM,
AFOSLTR W/1 DEV, AFOSSTR, AFLGAR W/2 DEVS, AFOUA W/2 DEVS.

i. Stmt of Sv: TMS: (13) Yrs (1) Mos (2) Das
TAMS: (12) Yrs (11) Mos (23) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 18 Dec 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
None.

11MAR03/ia
’ aa (PEF -0e2O &

“DEPARTMENT OF THE AIR FORCE |
HEADQUARTERS 63D AIRLIFT WING (AMC)

 

14 DEC 1992
FROM: 63 MEDGP/CC

SUBJ: Letter of Notification (Board Hearing)

“TO: Srk SR PT

1. I am recommending your discharge from the United States Air Force for
Drug Abuse, according to AFR 39-10, under the provisions of paragraph 5-51.
Copies of the documents to be forwarded to the separation authority to
support this recommendation are attached.

2. My reason for this discharge action follows:

a. Between on or about 13 Sep 92 and on or about 13 Oct 92, you did,
wrongfully use marijuana. For this conduct, you received an Article 15 on
16 Nov 92 with a reduction to the grade of Senior Airman with a new date of
rank of 24 Nov 92, forfeiture of $500 pay per month for two months,
suspended until 23 May 93 and a reprimand.

3. This action could result in your separation with an under other than
honorable conditions discharge. I am recommending that you receive a
general discharge. The commander exercising SPCM jurisdiction or higher
authority will make the final decision in this matter. If you are
discharged, you will be ineligible for reenlistment in the Air Force.

4. You have the right to:
a. Consult legal counsel.

b. Present your case to an administrative discharge board.
c. Be represented by legal counsel at a board hearing.

qd. Submit statements in your own behalf in addition to, or in lieu of,
the board hearing. .

e. Waive the above rights. You must consult legal counsel before
| making a decision to waive any of your rights.

5, You have been scheduled for a medical examination on L& Dec q a

at O00 _. Do not drink alcohol 72 hours prior to your exam, or eat
12 hours prior to your exam - water is allowed.

3 6. Military legal counsel has been obtained to assist you. I have made an

appointment for you to consult the Area Defense Counsel on Ly bec G2
at 1000 . Instead of the appointed counsel, you may have another, if the

| lawyer you request is in the active military service and is reasonably
available as determined according to AFR 111-1. In addition to military
counsel, you have the right to employ civilian counsel. The Air Force does

| ee -