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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
/
I
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.
I -
I
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
I
1
I
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
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