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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

MEMBER SITTING 

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ISSUES  A92.21 

WDEX NUMBER 

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A66.00 

I  HEARING LTE 
1  18 Aug 2004 

CASE NUMBER 

1  FD-200400180 

Case heard at Washington, D.C. 

1  1  I  ORDER APPOINTING THE BOARD 
2  /  APPLICATION FOR REVIEW OF DISCHARGE 
3 
4 

LElTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

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. 

,................... P.......... 

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TO. 

SAFlMRBR  w 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DlSCaARGE REMEW BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS AFB MD 20762-7002 

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Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00180 

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. 

Issue 1.  Applicant received an under other than honorable conditions discharge for misconduct.  The records 
indicated the applicant received an Article 15 for disrespect to a noncommissioned officer in the execution of 
his  duties,  and  pursuant  to  his  guilty  pleas,  was  convicted  by  Summary  Court  Martial  of  wrongful 
methamphetamine use.  Although the  administrative discharge package  was  unavailable to  the  Board  for 
review, some of the court martial documents were.  They revealed that member admitted his illegal drug use 
in a  Stipulation of Fact, describing the circumstances by  which he came to use  it and knowing that it was 
illegal.  He  was  subsequently caught  by  a  random  urinalysis that  came  back  at  a  level  of  2994  ng/ml 
compared to  the  cut-off  of  500 ng/ml.  Member  did  not  dispute the  drug test  procedures  or  result,  and 
continues to admit his wrongdoing and accept full responsibility.  Additionally, member entered into a Pre 
Trial Agreement whereby  he  waived  his rights to  a trial  and  acknowledged he  could  be  administratively 
discharged under other than honorable conditions, and if the government chose to do so, he waived his right 
for the administrative discharge to be heard by a board.  Because the member did receive an administrative 
discharge, not  a  punitive discharge, the  Board  must  find an  inequity or  impropriety  on which to  base  an 
upgrade; clemency is not available as a reason for upgrading an administrative discharge.  The Board noted 
that  drug abuse constitutes serious misconduct that  is not  compatible with  Air  Force  standards.  The Air 
Force's  drug policy was and is well publicized and all members are continually made aware that illegal drug 
use is not tolerated.  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. 

Issue 2 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was 
doing well and has a good job.  However, this does not reflect on his period of service or provide a basis in 
inequity or impropriety which warrants an upgrade.  The Board concluded the applicant's misconduct 
appropriately characterized his term of service. 

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 REVIE37 BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH SRA) 

MISSING DISCHARGE DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTH Disch fr Buckley ANGB, CO on 7 Oct 98 
UP AFI 36-3208 (Misconduct). Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Apr 75.  Enlmt Age: 19 4/12.  Disch Age: 23 5/12. Educ: HS DIPL. 
AFQT: N/A.  A-72,  E-68,  G-57,  M-49. PAFSC: 3P051 -  Security Police Journeyman. 
DAS: 16 Aug 95. 

b.  Prior Sv:  (1) AFRes 28 Sep 94 -  28 Mar 95 (6 months 1 day) (~nactive) . 

3 .  SERVICE UNDER RINIEW : 

a.  Enlisted as A m  29 Mar 95 for 4 yrs. Svd: 3 Yrs 6 Mo 9 Das, of which 

AMS is 3 yrs 5 months 16 days  (23 days lost time). 

b.  Grade Status:  AB  -  2 Sep 98 (Summary Court Martial, 25 Aug 98) 

SrA -  Unknown 
A1C-(EPR Indicates) :  29 Mar 95 -  28 Nov 96 

c.  Time Lost:  25 Aug 98 thru 17 Sep 98 (23 days). 

d.  Art 15's:  (1) 17 Dec 97, Buckley ANGB, CO -  Article 91.  You, on or 
with disrespect in language 
a noncommissioned officer, 
superior noncommissioned 

about 26 No 
toward SSgt 
then known by 
officer, who was then in the execution of his office, by 
saying to him, "fuck that and fuck youu, shove it up 
your ass", or words to that effect.  Suspended reduction 
to Airman, and 20 days extra duty. (No appeal) (No 
mitigation) 

e.  Additional: Unknown. 
f.  CM:  Summary Court Martial -  25 Aug 98 

CHARGE:  Article 112a.  Plea: Guilty.  Finding: Guilty. 

Specification:  In that SrA 
Buckley ANG Base, CO, did, a 
between on or about 25 May 98 and on or about 1 Jun 98, wrongfully 
use methamphetamine.  Sentence adjudged on 25 Aug 98:  Reduction 
to AB, forfeiture of $617.00 pay, and confinement for 30 days. 

USAF 821 SFS, 
e of Colorado, 

29 Nov 96 -  08 Oct 97  Buckley ANGB  4  (CRO) 

h.  Awards &  Decs:  AFOUA, NDSM, AFTR 

i.  Stmt of Sv:  TMS:  (3) Yrs  (11) Mos  (17) Das 
TAMS:  (3) Yrs  (5) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 6 May 04. 

(Change Discharge to Honorable) 

Issue 1:  I am petitioning to have my discharge upgraded from other than 

honorable to honorable, not because there was an error made by the Air Force in 
the charges brought against me, but because I am not the same person I was then. 
I still accept full responsibility for my actions, as I did six years ago.  I 
have no excuses for my poor judgement and will not even try to justify my 
actions, as there is no excuse for taking drugs.  I accepted my punishment 
without contention then and quite honestly I am embarrassed now to admit that I 
was foolish enough to give into peer pressure.  And that I was not strong enough 
to stand up for what I knew was right. 

In conclusion, I understand that this board has full discretion in the 
overturning of discharges and that while the charges brought against me were 
totally justified, I am hoping you will take into account the years since my 
separation from the military.  I have become a journeyman in the Heating and Air 
Conditioning field.  I have been subjected to periodic urinalysis and have never 
tested positive.  I give this as further testament that what happened was an 
isolated incident and not indictitive (sic) of the person I am today. 

ATCH 
None. 

3 .  a 
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ar or nwr the stare of Colorado, 
between on 6r about 25 May 98 and on 
or abut 1 Jun  98, wrongiidly use 

cduction to  the grade of E-1, forfeilure of $617.00 pay, and confinemcm for 30 days. 
TRIAL UMlNEUM CRfXUl-nitm 

-dLIJS 

0 

DbTE SENTENCE ABJllbCED mrrgrdrdmmmceQ 

IH 

I 

CHARGE SHEET 

I  b.  SEAlFORElGN DUTY  I 
I 
I 

$0.00 

c.  TOTAL 

$1,280.40 

8.  NATURE OF RESTRAINT OF ACCUSED 

1 
9.  DATE[S) IMPOSED 

29 March 95 

NIA 

4 1  

nrg Y 

Buckley ~5 Natiod tiuard Base, Colorado 8001 1 
7.  PAY PER  MONTH 

a.  BASIC 

$1,280.40 

1 

10. CHARGE: 

VIOLATION OF THE UCMJ,  ARTICLE  112a 

11.  CHARGES AND SPECIFICATIONS 

SPECIFICATION: 
In that SENIOR AIRMAN 
Guard Base, Colorado, di 
wrongfully vse methamphetamine. 

, Unitul states ~ i r  Force, 821 Security FO~CCS Squabon, Duckley Air 
10mrlO. beween on or about 25 May  1998 and on or about 1 Junc 1998, 

brional 

above named accuser Qis 
under oath that hefshe is a pcrson subject m the Uniforrrr  Code of Military Justice and rhac lldshe eiclur has pcrsonal knowledge of 
or has  invesligatcd the maners set forth lhrrcin and that h e  .onre are true to thc best of hishcr knowledge and belief. 

, and signcd the foregoing charges and spccificltio 

August 

, 19 

98 

11 

day of 

21  Spacc Wing 

' 

Orgd-doa  qfQ?icer 

11 

I On 

Ihc 

11 August 

, 19 

gg 

, thc a c c ~ w l  was inrormed of h c  charges againsl himher nnd of Ihc narne(n)  o 

known to me (See  R. CM. 30S(a)J.  lSec R. C.M. 306. ifno~@c&n  cannot be m&.j 

I The sworn charges were received at  / ~ O O  hours, 

Base, Colorado 80914-1 154 

Oflcer k f c k b t b  Slunmay Cr,u~t-Maninl Jurixrh'cncnon (Str R.C.M.  403) 

11 August 

19  98  a[  21 Space Wing, ~ e t e i s o n ~ i r  Fo 
Besigna~ion of C~I~UMIUI 

or 

FOR THE ' COMMANDER 

Staff Judge Advocate 

m c W  Cirpcir), of Ofirer Signing 

Peterson AFB,  Colorado 

B A u  

H
( 

R . C ~ M .  

I 

21st Space  Wing  (AFSPC) 

A

Referred for  trial to the 

SUMMARY 

cou~-mmialconvenedby  the  undersigned,  pursuant  to MCM 1995, 

18 August 

19  98 

, subjecr to the following in~tnrctions;~ 

USAF,  is detailed  Summary  Court-Martial  and  s h a l l   sit at Peterson AFB,  Colorado,  unlc2 I I' 
otherwise directed 

of 

the 2lst  Space  Wing  Commander 

BY 

ORDER 

Command or Ordrr 

above named accused.  1 

, 1 (caused to be)  served a copy hereof on -the 

FOOliVOlES:  1 - What m approprime convnnnder signs personully,  inapplicuble wordr are stricken. 

2 - Sea R. C. M. 601 (c)  conccming iwrrucrionr. ftrane,  so nafe- 

11 

[21 

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DD Form 458 Reverse,  AUG  84 
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.YllrY". 

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consider him competent to reprcscne me at this Court-Martial. 

I R e c e i v e d   T i m e  

20  u 

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PROSECUTION 

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