.r 

AIR FORCE DISCHARGE REVIEW BOARD 

- -, ITIAL) 

I 

I  RECORD REVIEW 

I' MEMBER SITTING 

I  'ss'Es 

A9153 

MDEX NUMBER 

A66.0n 

HEARING  DATE 

17 May 2005 

CASE NUMBER 

FD-2004-00226 

I Case heard at Washington, D.C. 

I  1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHlBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

1  TAPE RECORDING OF PERSONAL APPEARANCE 

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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 

Names and votes will be made available to the applicant at the applicant's  request. 

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

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DlSCMRGE REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3 R D  FLOOR 
ANDREWS AFB, MD 20762-7002 

I 
(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00226 

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

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) on May 
17,2005 but failed to appear and her case was considered by document review. 

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  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 did not submit any specific issues of inequity or impropriety but submitted copies of 
her  responses to non-judicial punishment and discharge action, as well as character letters submitted at the 
time  of  her  discharge  for  review  by  the  Board.  The  records  indicated  that  following  investigations 
conducted by the Air Force Office of Special Investigations (OSI), the applicant received an Article  15, and 
one  Letter  of  Reprimand  for  wrongfully  obtaining  and  distributing  prescription  medications  from  the 
pharmacy where she worked as a pharmacy technician, and for drug abuse, marijuana.  The Board concluded 
the misconduct supported by  evidence of the OSI investigation documents present in the discharge package 
in  the  personnel  file  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.  The DRB took note 
of the applicant's duty performance as documented by  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. 

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 RFWIEW BOARD 

ANDREMS AFB, MD 

(Former AB)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Keesler AFB, MS on 10 Nov  03 
UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 19 Oct 80. Enlmt Age: 18 10/12.  Disch Age: 23 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-80,  E-59,  G-57,  M-43. PAFSC: 4P051 -  Pharmacy Journeyman. 
DAS: 1 Jun 00. 

b.  Prior Sv:  (1) AFRes 14 Sep 99 -  11 Jan 00  (3 months 29 days) (Inactive). 

3.  SERVICE UNDER RFWIEW: 

a.  Enlisted as A1C 12 Jan 00 for 4 yrs. Svd: 3 Yrs 10 Mo 0 Das, all AMS. 

b.  Grade Status:  AB  -  23 Jul 03  (Article 15, 23 Jul 03) 

SrA -  12 May 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 23 Jul 03, Keesler AFB, MS -  Article 108.  You did, 
between about 9 May 02 and about 19 Jun 02, without 
proper authority, dispose of approximately 16 Ultram 
tablets, also known as Tramadol Hydrochloride by 
distributing them to another airman, a value of less 
than $500.00, military property of Keesler Medical 
Center.  You did, on divers occasions between about 1 
Oct 02 and about 31 Oct 02, wrongfully use marijuana. 
Reduction to AB, and forfeiture of $575.00 pay per month 
for two monihs .  iA~peaijDeniedj (No mitigation) 

e.  Additional: None 

f.  CM:  None. 

g.  Record of SV: 12 Jan 00 -  15 Jul 01  Keesler AFB  4  (HAF Dir) 
16 Jul 01 -  15 Jul 00  Keesler AFB  4  (Annual) 

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

i.  Stmt of Sv:  TMS: (4) Yrs  (1) Mos  (28) Das 
TAMS: (3) Yrs  (10) MoS  (0) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 14 Jun 04. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. ? 

ATCH 
1. Request  Pertaining to Military Records. 
2. Response to Administrative  Discharge. 
3. Appeal of Nonjudicial Punishment. 
4. Response to Article  15. 
5. Two Character Statements. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

MEMORANDUM FOR 

FROM:  8 1 MDSSICC 

SUBJECT:  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, chapter 5, section H, paragraph 5.54. 
If my recommendation is approved, your discharge will be described as honorable or general.  I 
am recommending that your service be characterized as general. 

2. My reasons for this action are: 

a.  You did, at or near Keesler Air Force Base, Mississippi, between about 1 May 2002 and 

about 1 October 2002, without proper authority, dispose of Ultrarn, also known as Tramadol 
Hydrochloride tablets by distributing them to another airman,  a value of less than $500.00, military 
property of Keesler Medical Center.  For this infraction, you received Article 15, UCMJ, 
nonjudicial punishment, dated 23 Jul03.  (Atch 1, Appendix A wlatchs) 

b.  You did, a t  or near Keesler Air Force Base, Mississippi, on divers occasions, between about 
1 Oct 02 and 3 1 Oct 02, wrongfidly used marijuana  For this infraction, you received Article 1 5, 
UCMJ, nonjudicial punishment, dated 23 Jul03.  (Atch 1, Appendix A wlatchs) 

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 higher will 
decide whether you are to 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.  Any special pay, bonuses, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult 
at Bldg 070 1, Room 
at  133 0  hours.  You 
243,on 
expense. 

el at your own 

/kb03 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me on  - 3 0050 3 
by 1630 hours unless you 
request and receive an extension for 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 81''  Medical Group, 
Physical Exams on  70&05 

,2003 at ///O  hours for the examination. 

8.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974. A copy 
of AFI 36-3208 is available for your use in Bldg 

, CQ. 

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

Commander 

Attachments: 
1.  Supporting Documents 

AF Form 3070, dated 23 Jul03 wlatchs 

2.  Airman's Receipt of ~otification Memorandum 
3.  Airman's Statement 

ATCH 1