b 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB, 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-2004-00140 

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 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.  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. 

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 
Article  15 for wrongfully using marijuana.  The Board concluded the disciplinary infraction 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 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

MISSING MEDICAL RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Davis-Monthan AFB, AZ on 10 
Jul 97 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 8 Feb 73.  Enlmt Age: 20 1/12.  Disch Age: 24 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-46,  E-80,  G-64,  M-84. PAFSC: 2A137 -  Electronic Warfare System 
Journeyman. DAS: 23 Jul 96. 

b.  Prior Sv:  (1) AFRes 7 Apr 93 -  26 Sep 93  (5 months 20 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 27 Sep 93 for 4 yrs. Svd: 3 Yrs 9 Mo 14 Das, all AMS. 

b.  Grade Status:  A1C -  13 Jun 97 (Article 15, 13 Jun 97) 

SRA -  27 Sep 96 
A1C -  27 Jan 95 
Amn -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 13 Jun 97, Davis-Monthan AFB, AZ -  Article 112a.  You, 

did, at or near Topeka, Kansas, on divers occasions, 
between on or about 7 Apr 97 and on or about 21 Apr 97, 
wrongfully use marijuana.  Reduction to AlC, and 14 days 
extra duty. (No appeal)  (No mitigation) 

e.  Additional: None 

f.  CM:  None. 

g.  Record of SV: 27 Sep 93 -  26 May 95  Kadena AB 
3  (Initial) 
27 May 95 -  26 May 96  Kadena AB 
3  (Annual) 
27 May 96 -  26 May 97  Davis-Monthan AFB  3  (Annual) 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (4) Yrs  (3) Mos  (4) Das 

TAMS: (3) Yrs  (9) Mos  (14) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Feb 04. 

(Change Discharge to Honorable) 

NO  ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 355TW WING (ACC) 

DAVIS-MONTHAN AIR  FORCE BASE,  ARIZONA 

FROM:  355 CRSICC 

SUBJECT:  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 my 
recommendation is approved, your service may be characterized as honorable or general.  I am 
recommending that your service be characterized as general. 

2.  My reasons for this action are: 

Between on or about 7 Apr 97 and on or about 21 Apr 97, you wrongfully used marijuana 
on several occassions.  As a result, you received an Article 15 and were reduced to the grade of 
Airman First Class and given 14 days extra duties.  (Article 15, UCMJ dated 19 Jun 97). 

3.  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 
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. 

4.  You have the right to consult counsel.  Military legal counsel Capt i 
building  3510,  3rd  floor,  west  end,  extension  5664,  has  been  obtained  to  assist  you.  An 
hrs. 
appointment has  been  scheduled for you to  consult him  on 
In  addition to  military  counsel,  you  have  the  right  to  employ  civilian  counsel  at  your  own 
expense. 

;or SSgt 

--------. 
L - - - - - - - - 

at 

5.  You have the right to  submit statements in  your own behalf.  Any statements you want the 
separation authority to consider must reach me by  @7 =L 47 
(allow 3 duty days) unless you 
request  and  receive  an  extension  of  good  cause  shown.  I  will  send  them  to  the  separation 
authority. 

6.  If 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. 

7.  You have been scheduled for a medical examination.  You must report to the Physical Exams 
Office  of  the  Aeromedical  Facility,  Bldg  412,  Rrn  3  at 
for  the 
examination. 

on 

8.  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 the ADC, Bldg. 3510. 

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

Commander 

Attachments: 
1.  Supporting Documents: 

a.  Record of  Nonjudicial Punishment (3 pages) 
b.  Article 15 Written Response, dated 6 Jun 97 
c.  Article 15 Request for Delay, dated 5 Jun 97 
d.  AF Form 1168, dated 20 May 97 (2 pages) 
e.  Report of Positive Urinalysis Test, dated 19 May 97 (2 pages) 
f.  Order to Provide Urine Specimen, dated 25 Apr 97 

2.  Airman's Receipt of Notification 
Memorandum