-  MEMBER SITTING 

TYPE GEN 
= O F E L  

NAME OF COUNSEL AND OR ORGANIZATION 

No 
X 

YES 

1 

PERSONAL APPEARANCE 

I NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

(  AFSNISSAN 

(  GRADE 
1  AMN 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION  OF COUNSEL 

I 

1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 
1  3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
1  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

I 

I 

1 

I 

1 

HEARING DATE 

CASE NUMBER 

01 Jul2004 
I  APPLICANT'S ISSUE kND  THE BOARD'S  DEClSlONN RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW  BOARD DEClSlONN RATIONALE 
I 

1  FD-2004-00147 

I 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 

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

ORCE PERSONNEL COUNCIL 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

1 
1 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00147 

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. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15 for wrongfully using marijuana, two Letters of Reprimand, and four Letters 
of  Counseling  for  various  misconduct.  The  DRB  opined  that  through  these  administrative  actions,  the 
applicant had  ample opportunities  to  change his  negative behavior.  The  Board  concluded  the misconduct 
was  a  significant  departure  from  conduct  expected  of  all  military  members.  The  characterization  of the 
discharge received by the applicant was found to be appropriate.  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, 
letters  of  recommendation  and  other 
accomplishments.  They  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.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for 
upgrade.  The DRB noted that when the applicant  applied for these benefits,  he signed a statement  that he 
understood he must  receive  an Honorable discharge to receive  future educational  entitlements.  The Board 
was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter 
of inequity or impropriety which would warrant an upgrade. 

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 AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Little Rock AFB, AR on 25 Sep 
95 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 7 Mar 74.  Enlmt Age: 17 6/12.  Disch Age: 21 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-46,  G-42,  M-38. PAFSC: 2S051 -  Inventory Management 
Journeyman. DAS: 2 Dec 93. 

b.  Prior Sv: (1) AFRes 12 Sep 91 -  17 Jun 92 (9 months 6 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  18 Jun 92 for 4 yrs. Svd: 3 Yrs 3 Mo 8 Das, all AMS. 

b.  Grade Status:  AMN -  8 Sep 95 (Article 15, 8 Sep 95) 

SrA -  Unknown 
A1C -  18 Oct 93 
AMN -  18 Dec 92 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 Sep 95, Little Rock AFB, AR  -  Article 112a.  You did, 

within the continental United States, between on or 
about 25 May 95 and on or about 1 Jun 95, wrongfully use 
marijuana.  Reduction to Airman, and 30 days extra duty. 
(No appeal)  (No mitigation) 

e.  Additional: LOR, 17 AUG 95 -  Late for work. 
LOCI 18 MAR 95 -  Late for work. 
LOR, 24 FEB 95 -  Failure to go. 
LOCI 22 FEB 95 -  Failure to go  (Missing from file). 
LOC, 22 JAN 95 -  Late for work  (Missing from file). 
LOCI 10 JAN 95 -  Unsatisfactory performance. 

f .  CM:  None 

g.  Record of SV: 18 Jun 92 -  16 may 94  Little Rock AFB  3  (Initial) 

17 May 94 -  19 May 95  Little Rock AFB  3  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA, AFGCM 

i.  Stmt of Sv:  TMS: (4) Yrs  (0) Mos  (14) Das 

TAMS: (3) Yrs  (3) Mos  (8) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Apr 04. 

(Change Discharge to Honorable) 

Issue 1:  Am  (sic) not trying to make no excuse for my seperation  (sic) from 

the Air Force for drug use, but all my problems in the service occur (sic) at 
Little Rock AFB.  I was a very good Airman overseas while station (sic) at 
Iraklion Air Station, Greece.  Before my troubles began I had recieve  (sic) a 
assigment  (sic) to go to Kunsun (sic) Korea which I had orders to go.  I knew to 
pro-long (sic) my future in the Air Force I had J o  leave Little Rock AFB.  So 3 
weeks until the time I was suppose to report to Korea my supervisor inform  (sic) 
me that she didn't think I should go oversea's (sic), because I couldn't adopt 
(sic) and like I told her my first assigment  (sic) was overseas in Greece.  My 
assigment  (sic) was taken and I fell into depression, because I just want to 
leave Little Rock AFB. 

Now am  (sic) just trying to get my life back on track.  And make some postive 
(sic) out of myself by attending colleg 
lifestyle for my fianace (sic) and son 

rovide a comftable (sic) 

1 . 

All I want is a second cha 
so important to me, where 
Thank you for your time. 

.nce in life and so receiving my GI Bill for college is 
I can start my life in the right direction again. 

ATCH 
1. DD Form 149. 
2. College Transcript. 

DEPARTMENT OF THE AIR FORCE 

I 

HEADQUARTERS 314TH AIRLIFT WING  (ACC) 
LITTLE ROCK AIR FORCE BASE.  ARKANSAS 

3 14TH SUPPLY SQUADRON 

FROM:  3 14 SUPS/CC 

SWBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Drug Abuse.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54.  Ifmy recommendation 
is approved, your service will be characterized as honorable or general under honorable 
conditions.  I am recommending that your service be characterized as general under honorable 
conditions. 

2.  My reasons for this action is: 

Between on or about 25 May 1995 and on or about 1 June 1995, you wrongfully used 

marijuana.  You received an Article 15 for your actions.  (Atch  1-1) 

3.  Other Derogatory Data: 

a.  On or about 17 August 1995, you failed to go at the prescribed time to your place of duty. 

You were to report to TS 
your actions.  (Atch 1-2) 

r dorm details.  You received a Letter of Reprimand for 

b.  On or about 18 March 1995, you were late for work.  You had been counseled about being 
late for work numerous times.  You received a Letter of Counseling for your actions.  (Atch 1-3) 

c.  On or about 21 February 1995, you were to report to Building 772, Base Supply 

Dormitory, to move your personal property to another room.  You failed to report to Building 
772.  You received a Letter of Counseling for your actions.  (Atch 1-4) 

d.  On or about 15 February 1995, you were to report to Building 772, Room 3 11, 1900, the 

same day in order to have your assigned room ready for inspection.  You failed to go.  You 
received a Letter of Counseling for your actions.  (Atch  1-5) 

e.  On or about 22 January 1995, you failed to report to work on time.  You received a Letter 

of Counseling for your actions.  (Atch  1-6) 

f.  On  or about 10 January 1995, you failed to accomplish numerous tasks in a timely manner. 

You received a Letter of Counseling for your actions.  (Atch  1-7) 

4.  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 Air Force and ifdischarged,  how 
your service will be characterized.  If you are discharged, you will be ineligible for reenlistment in 
the Air Force. 

5.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult captain-ea 
Counsel, Bldg 1255, Rm 201, Telephone 3260 on 14 Sep 95 at 1530 hours.  You may consult 
civilian counsel at your own expense. 

Defense 

6.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 3 workdays unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

7.  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. 

8.  You have been scheduled for a medical examination.  You must report to Little Rock AFB 
Hospital at 0730 hours on 19 Sep 95 for the examination. 

9.  Any personal information you finish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in the Orderly Room. 

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

Commander 

Attachments: 
1-1 Article 15, 13 Sep 95 
1-2 LOR, 17 Aug 95 
1-3 LOC, 18 Mar 95 
1-4 LOC, 22 Feb 95 
1-5 LOR, 15 Feb 95 
1-6 LOC, 22 Jan 95 
1-7 LOC,  10 Jan 95