e 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD  7 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE 

I 

PERSONAL APPEARANCE 

I 4;. NAME OF COUNSEL AND OR ORGANIZATION 

YES 

Na  ) 

I  GRADE 
I  AIC 
I 1  X 
I ADDRESS AND OR ORGANIMTION OF COUNSEL 

RECORDREVIEW 

1  AFSNJSSAN 
I- 

I 
I 
I 

I 
I 

I 

MEMBER SITTING 

I 

HON 

I  GEN 

I  UOTHC 

1  OTHER 

1  DENY 

] 

1  ORDER APPOINTING - THE BOARD 
2 
3 
4 

-+ I 

APPLICATION FOR REVIEW OF DISCHARGE 
LEITER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE  - 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
I  PERSONAL APPEARANCE 
I  TAPE RECORDMG OF PERSONAL APPERANCE 

I 
, 

8 

HEARING DATE 
24 Oct 2003 

/  A P ~ ~ * N T ' s  ISSUE ANDTHE BOARD% ~ W A I

CASE NUMBER 

RAT~OXAL ARE NSCLlSE.D  ON ?HE A ' I T C ~ D A I R  FORCE D l S C H A l l ~ ~ L B W  WARD DECIS~ALRATIONALE 

 

Case heard at the American Red Cross; Albany, New York 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

IGNATURE OF RE 

TO: 

I 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR,  EE WING, 3RD FLOOR 
AWREWS AFR, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00117 

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

The applicant was  scheduled for a personal  appearance before  the Discharge Review  Board  (DRB) at the 
American Red Cross; Albany, NY, on 24 Oct 03, but failed to appear. 

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

FINDINGS:  Upgrade of discharge is denied. 

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: 

The applicant received a general discharge for misconduct-specifically,  drug abuse.  Member received two 
Article 15s.  One was for the wrongful use of marijuana and the other was for underage drinking and driving 
under the influence.  The Board concluded the disciplinary infractions were 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 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

MISSING MEDICAL RECORDS 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 7 Nov 01 UP AFI 36-3208, 
para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 6 Sep 78.  Enlmt Age: 18 11/12.  Disch Age: 23 2/12. Educ: HS DIPL 

AFQT: N/A.  A-26,  E-47,  G-50,  M-15. PAFSC: 4NOS1 - Medical Service. 
DAS: 14 Sep 98. 

b.  Prior Sv: (1) AFRes 19 Aug 97 -  20 Jan 98 (5 Months 2 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  21 Jan 98 for 4 yrs. Svd: 3 Yrs 9 Mos 18 Das, all AMS. 

b.  Grade Status:  A1C -  12 Sep 01 (Article 15, 12 Sep 01) 

SRA -  21 Jan 01 
A1C -  21 May 99 
AMN -  21 J u ~  98 

c.  Time Lost:  None 

d.  Art 15's:  (1) 12 Sep 01, Maxwell AFB, AL -  Article 112a.  You did, 

within the continental United Sates, on or about 17 Jul 
01, wrongfully use marijuana.  Reduction to AlC, and a 
reprimand. (No appeal)  (No mitigation) 

(2) 26 Apr 99, Maxwell AFB, AL  -  Article 92.  You, who 

should have known of your duties, on or about 4 Apr 99, 
were derelict in the performance of those duties in that 
you willfully failed to refrain from consuming alcoholic 
beverages due to your being under the legal age to 
consume said beverages, as it was your duty to do. 
Article 111.  You, did, on or about 4 Apr 99, in the 
parking lot of Dorm 699 physically control a vehicle, to 
wit:  a passenger car, while drunk.  Suspended reduction 
to AB, and forfeiture of $200.00 pay. (No appeal) (No 
mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 21 Jan 98 -  20 Sep 99  Maxwell AFB  3  (Initial) 
21 Sep 99 -  20 Sep 00  Maxwell AFB  5  (Annual) 

(Discharged from Maxwell AFB) 

h.  Awards &  Decs:  AFOUA W/1 OLC, AFGCM, AFTR. 

i.  Stmt of Sv:  TMS:  (4) Yrs  (2) Mos  (20) Das 
TAMS:  (3) Yrs  (9) Mos  (18) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Mar 03. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED 

ATCH 
1. Name Change Documents. 
2. Character References  (9). 
3. Response to Article 15. 
4. Performance Feedbacks. 

5 Jun 03/cr 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 42D AIR BASE WING (AU) 

MAXWELL AIR FORCE BASE ALABAMA 

-  p~z#73 - 80//7 

1 5  GCT  2001 

MEMORANDUM FOR AlC 

FROM:  42 MDOSICC 

?*> 

SLTBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct - Drug 
Abuse.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54.  If you are 
discharged, your service will be characterized as honorable or general.  I am recommending that 
your service be characterized as general. 

2.  My  specific  reasons  for  this  action  are:  On  or  about  17  Jul  01,  you  wrongfully  used 
marijuana.  As a result you received an Article 15 on  12 Sep 01, which punishment consisted of 
reduction to the grade of Airman First Class and reprimand. 

Copies  of  the  documents  to  be  forwarded  to  the  separation  authority  in  support  of  this 
recommendation  are  attached.  The  commander  exercising  SPCM  jurisdiction  or  a  higher 
authority will decide whether you will be discharged or retained in the 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. 

3.  You have the right to consult counsel. 
I have made an appointment for you  to  consult 
Counsel  at  Building  40  on  Maxwell  AFB  at 
counsel at your own expense. 

to assist you. 
at the Area Defense 

4.  You  have the right to submit statements in your  own behalf. Any statements you  want  the 
separation  authority to  consider  must  reach  me  by  m ~ c p a L  
unless  you  request  and 
receive an extension for good cause shown.  I will send them to the separation authority. 

5.  E you  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 the Family Practice 
for the 
Section, 42d Medical Group, Maxwell AFB, Alabama at 
examination. 

on 

7.  The Privacy Act Statement of  1974 covers any personal information you  furnish in rebuttal. 
A copy of AFI 36-3208 is available for your use at the Area Defense Counsel's office. 

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

Ffl 2 0 0 3  - 00//7 

!= 
Attachments: 
Article 15, 12 Sep 01