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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

  
 

 

 

 

  

 

    

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
eae AB wee.
TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW
COUNSEL] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN uoTHC | OTHER DENY
sum mmnme meme smnmeceeesee “ 7 X*

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ISSUES A94.06 INDEX NUMBER A66.00

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE
LETTER 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

 

 

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HEARING DATE CASE NUMBER

 

 

 
 
 

   

ORCE DISCHARGE REVIEW HOARD DECISIONAL RATIONALE (25°

 

    

 

   

Case heard at Washington, D.C.

* Misconduct - Minor Disciplinary Infractions

Advise applicant of the decision of the Board.

 

 

 

TO: FROM:
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
530 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)} Previous edition wil! be used
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE } pyry_5994-00379

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: The Board grants the requested relief.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s discharge and reason and authority for discharge
inequitable.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15 for inhaling the fumes of liquid butane. The Board found the applicant’s
explanation plausible and opined that he does not fit the “true” definition of drug abuser. Although inhaling
liquid butane is still misconduct, the Board agreed that the characterization of the applicant’s discharge
should be changed to Honorable and the Reason and Authority changed to Misconduct — Minor Disciplinary
Infractions.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of
applicant’s service is more accurately reflected by an Honorable discharge and the reason for the discharge is
more accurately described as Misconduct — Minor Disciplinarily Infractions under the provisions of Title 10,

USC 1553.

Attachment:
Examiner's Brief
FD2004-00379

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

{Former AB) (HGH Aic)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Ca
UP AFR 39-10, para 5.50.1 (Misconduct - Drug Abuse} .-

Discharge.

2. BACKGROUND:

17 1/12. Disch Age: 49 10/12. Educ: HS DIPL.

a. DOB: 16 Sep 71. Enlmt Age:
PAFSC: 46250 - Aircraft Armament

AFOT: N/A. B-87, E-49, @-64, M-6%.
Specialist. DAS: 30 Jan 90.

b. Prior Sv: (1) AFRes 17 Oct 88 - 2 Aug 89 (9 months 16 days) (Inactive) -
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 3 Aug 89 for 4 yrs. Svd: 1 Yrs 11 Mo 28 Das, all AMS.
AB - 15 Sul 91 (Article 15, 15 dul 91)

Alc - 3 Dec 99
Amn - 3 Feb 90

>. Grade Status:

c. Time Lost: None.

d. Art 15’s: (1) 15 Jul 91, Carswell AFB, TX - Article 134. You, did,
on or about 17 Jun 91, snhale the fumes of Liquid

butane, 4 volatile substance, contrary to directions for
use and warning appearing on the container label
intending to create or induce a conditions of
intoxication, hallucination of elation. Reduction to

AB, and forfeiture of $200.00 pay per month for 2
months . (Appeal/Withdrawn) (No mitigation)

28 Nov 90 - Check #207 Lor

e. Additional: Dishonored Check Notification,
$23.00

f. cM: None.

g. Record of SV: 3 Aug 89 - 2 Apr 91 Carswell AFB 4 (Initial)

h. Awards & Decs: NDSM, AFTR.

i. Stmt of Sv: TS: (2) ¥rs (9) Mos (14) Das
TAMS: (1) Yrs (11) Mos (28) Das

4, BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293} dtd 15 Sep 04.
| a. + Ppaect-00377

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 7TH BOMBARDMENT WING (SAC)
CARSWELL AIR FORCE BASE, TEXAS 76127-5000

 

AJ Sa Sl

rerryto 6 77? “Munitions Maintenance Squadron

ATTN. OF:

Letter of Notification

SUBJECT:

TO:

  

7 Mt s Maintenance Squadron

1. I am recommending your discharge from the United States Air
Force for Drug Abuse. The authority for this action is AFR
39-10, Section B, paragraph 5-50.1. If my recommendation is
approved, your service will be characterized as general or
honorable, I am recommending that your service be

characterized as general.

2. My reasons and other pertinent information for this action
are:

a. On 22 Nov 90, you wrote a check to the Carswell Air Force
Base exchange for $23.00, that was returned for nonsufficient

funds.

b. On 20 Jun 91, you were permanently decertified from the
Personnal Reliability Program for being identified as a substance

abuser.

c. On 21 Jun 91, you were administered nonjudicial

punishment for the inhalation of liquid butane. You were reduced
to the grade of Airman Basic. This action was determined to be

legally sufficient.-on 18 Jul 91.

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.

3. You have the right to consult counsel. Military legal

counsel has been obtained to assist_ I have made an
. NI at. 130

appointment for you to consult Rie eee
hours on 22Juc 91 at building 1564. You may consult

Civilian counsel at your own expense.

 
   

  

War is our profession -- Peace is our product
FP 20¢-80377

4. You have the right to submit statements in your own behalf.

You have three (3) duty days to submit any statements you want
the separation authority to consider; therefore, they must reach
me by unless you request and receive an extension

for good cause shown. I will send them to the separation
authority.

5. If you fail to consult 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 USAF Regional Hospital, Carswell Air Force Base at G730.

hours on 2Sajy91

7. Any personal information you furnish in rebuttal is covered

by the Privacy Act Statement as explained in AFR 39-10,
attachment 6. A copy of AFR 39-10 is available for your use in

the Unit Orderly Room.

8. Execute the attached acknowledgment and return it to me

 

4 Atch

1. Dishonored Ck Notif, 28
Nov 90

2. AF Fm 1738 w/l atch, 20
Jun 91

3. AF Fm 3070 w/l atch, 18
Jun 91

4. Receipt of Notif Ltr