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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

HE AMERICAN LEGION 

MEMBER SITTING 

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

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

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(  TAPE RECORDING OF PERSONAL APPEARANCE 

HEARI?4C DATE 
16 June 2005 

CASE NUMBER 

FD-2004-00469 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board 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. 

TO: 

L 

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

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCllARCE REVIEW BOARD 
1535 COhTMAND DR EE WMC. 3RD FLOOR 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00469 

GENERAL:  The  applicant appeals  for  upgrade  of  discharge to  honorable  and  to  change  the  reason  and 
authority for the discharge. 

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews 
AFB on 16 June 2005. 

The following additional exhibits were submitted at the hearing: 

Exhibit #6:  Applicant's  Additional Issues 
Exhibit #7:  Character Reference Letter, Ms 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge and change of reason and authority for discharge are denied. 

ISSUE: 

Issue 1.  The applicant contends her discharge was improper because her case should have received dual 
processing (medical discharge and administrative discharge) in accordance with AFI 44-1 57.  The applicant 
suffered from shortness of breath and chest pain and was undergoing medical testing to determine the nature 
of her medical problems when she submitted the urine sample that tested positive for cocaine.  At the time 
she was discharged, her records were being prepared for a Medical Evaluation Board (MEB) fitness 
determination due to her diagnosis of asthma.  Therefore, the DRB considered the case as if it should have 
been a dual processing case.  The DRB determined that any impropriety was a harmless error.  The same 
personnel who sit on the DRB also sit on the Personnel Boards and hear dual processing cases.  The DRB 
members were quite certain that, had the applicant's  case received dual processing, the administrative 
discharge for drug abuse would have been given precedence.  Another point merits discussion, although not 
raised by the applicant as an issue.  AFI 36-3209, paragraph 3.24, requires Secretarial approval of a UOTHC 
given to an enlisted member.  Despite this provision, the case was not referred to the Secretary.  However, 
given the facts of this case, the DRB had no doubt that a UOTHC was the appropriate characterization. 

Issue 2.  The applicant claims that her discharge was improper because the discharge board that 
recommended her discharge in 2003 was aware that she had met a previous discharge board for cocaine use. 
The applicant's contention is without merit.  The records available to the DRB clearly show the legal advisor 
to the discharge board gave proper limiting instructions to the discharge board members concerning their use 
of the information in their deliberations. 

Issue 3.  The applicant asked the DRB to consider that the applicant had received an honorable discharge and 
been allowed to reenlist even though she had faced an administrative discharge board for cocaine use in 
1999.  While the applicant was retained and allowed to reenlist, that does not change the misconduct for 
which she was discharged nor the appropriate service characterization for that discharge.  The DRB 
recognized that the applicant had served satisfactorily for 17 years before the discharge was executed, but 
concluded the applicant's  misconduct outweighed the positive aspects of her final enlistment. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was substantially consistent 
with  the  procedural  and  substantive  requirements  of  the  discharge  regulation  and  that  the  applicant  was 
provided full administrative due process.  The errors that occurred were harmless  and did not prejudice the 
applicant. 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA) (HGH TSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTHC Disch fr Andrews AFB, MD on 14 Aug 
04 UP AFI 36-3209, para 3.21.3.2 (Misconduct -  Commission of a Serious Offense - 
Drug Abuse).  Appeals for Honorable Discharge, and to Change the Reason and 
Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 31 Jan 61.  Enlmt Age: 23 5/12.  Disch Age: 42 6/12. Educ: HS DIPL 

AFQT: N/A.  A-95,  E-36,  G-37,  M-22. PAFSC: 2T271 -  Air Transportation 
Journeyman. DAS: 4 May 92. 

b.  Prior Sv:  (1) Enlisted USAFRes as A1C for 6 yrs.  Reenlisted as SSgt 4 
Feb 90 for 6 yrs.  Svd: 11 yrs 6 months 12 days, of which AMS is 1 yr 0 months 10 
days.  SrA -  1 Sep 85.  SSgt -  1 Nov 90.  EPRs: None. 

3.  SERVICE UNDER RJWIEW: 

a.  Reenlisted USAFRes as SSgt 22 Jan 96 for 6 yrs. Svd: 7 Yrs 6 Mo 23 Das, 

of which AMS is 5 months 24 days. 

b.  Grade Status:  SrA -  4 Aug 02  (Demotion) . 

TSgt -  1 Mar 01. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None. 

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f.  CM:  None. 

g.  Record of SV: 25 Aug 99 -  02 Jun 00  Andrews AFB  4  (CRO) 

03 Jun 00 -  02 Jun 02  Andrews AFB  3  (Bienial) 

h.  Awards &  Decs:  AFAM, AFTR, NDSM, AFLSAR W/2 DEVS, AFOUA. 

i.  Stmt of Sv:  TMS: (19) Yrs  (1) Mos  (6) Das 

TAMS:  (1) Yrs  (6) Mos  (4) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 1 Sep 04. 

(Change Discharge to Honorable, and Change the Reason and Authority for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

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ATCH 
1. Applicant's Issues. 
2. Discharge Order. 
3. Request  for Records. 
4. Two DD 214s. 
5. Medical Documents. 
6. Five Character References. 
7. Medical Document. 
8. Letter of Appreciation. 
9. Air Force Achievement  Medal. 
10. Certificate of Achievement. 
11. Certificate of Appreciation. 
12. Certificate of Commendation. 
13. Certificate of Appreciation. 

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ZORTING 'DOCUMENTS [X as applicable) [Please print name and Social Security Number on each document.) 
WIU NOT BE SUBMITTED. .PLEASE COMPLET'E REVIEW  BASED ON AVAILABLE SERVICE RECORD'S. 

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ARE LISTED BELOW AND ARE ATTACHED TO  THIS APPLICATION: IConrinue on  a plzh sheer  of paaoer if more space is cesded., 

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a.  DOCUMENT 1:  V / ~ b m l L  

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b.  DOCUMENT 2: 

c.  DOCUMENT 3: 

8.  ISSUES 

The Board will  consider any issue submitted by  you  prior to closing the case for deliberation.  The  Board will also review the case to 

determine whether there are any issues that provide a  basis for upgrading  your discharge.  However, the Board is not required  to respond  in 
writing to issues of  concern t o  you unless those issues are listed or incorporated by specific reference below.  Carefully read the instructions 
that pertain to Block 8 prior to completing  this part  of  the application.  if  you  need  more space, submit additional  issues on an attachment. 

I PREVIOUSLY SUBMITTED AN  APPLICATION ON (Enter dare) 
AND AM  COMPLmNG THIS FORM IN  ORDER TO SUBMIT ADDITIONAL ISSUES. 
I M E  ABOVE ISSUES SUPERSEDE A U  PREVIOUSLY SUBMITTED. 

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9.  CERTIFICATION 

t. {U.S. Code, Title 18, Sec 

an individual shaM be fined 

s involved for willfully making a false 

Army Review Boards Agency 
Support Division, St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
St. Louis,  MO  6.31 32-5200 
(See httr~:/larba.army.pentaQon.mil) 
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DD- FORM 293, DEC 2000 

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Naval Council of  Personnel Boards 
7 2 0  Kennon Street, S.E. 
Rm.  309 (NDRBI 
Washington Navy Yard,  DC 
20374-5023 

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SAFlMlBR 
550-C Street West, Suite 4 0  
Randolph AFB.  TX  781 5 0 4 7 4 2  

Commandant (G-WPM] 
2100 Second Street, S.W. 
Washington,  DC  20593-0001 

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Page 2 of  4 Pages 

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DEPARTMENT OF THE AIR FORCE 

AIR FORCE RESERVE COMMAND 

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FROM:  HQ AFRCDPM 

1000 Marchbanks Rd 
Robins AFB GA  3 1098-2300 

SUBJECT:  Notification of Initiation of Separation Action under AFI 36-3209 

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1.  By  this  memorandum,  separation  action  is  being  initiated  against  you  for  misconduct, 
commission of serious offense, drug abuse.  The authority for this separation action is AFI 36- 
3209,  Chapter  3,  paragraph  3.21.3.2. 
Information  regarding  your  entitlement  to  submit 
statements about your case, the la*l 
usage of such statements and their disclosure is provided 
in the attached Privacy Act Statement (Atch  1).  A description of the reasons for this separation 
action  is  set  forth  in  the  attached  Statement  of  Reasons  (Atch  2)  along  with  supporting 
. .  .  Military Personnel Flight 
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your case is 'a Under Other Thah Honorable Conditioni~ischar~e.  : 

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2.  Within  24  hours  after  you  receive  this  memorandum,  you  musf  complete and  return  the 
attached acknowledgment of receipt (At&  3) of this memorandum and the attachments thereto. 

3.  The follo*ing  is a summary of your rights: 

a.  .You are entitled to  consult with  a military legal  counsel who  is qualified under Article 
27(B)(1), Uniform Code of Military Justice (UCMJ), at no  cost to you.  You may also cdnsult 
with  civilian legal  counsel of your  choice,  but  at your  own expense.  Captain 

,  Advocate  qualified  under  Article 27(B)(1),  UCMJ,  has  been  designated  to 

connection with this separation action.  Her mailing address is  HQ AFRC/JAS, 255 Richard Ray 
Blvd  Suite-227, Robins AFB GA  31098-1637.  Her  telephone numbers  are  DSN  497-1588, 
toll free 1-800-458-5391, or commercial (478) 327-1588. Her fax numbers are commercial (478) 
327-0032 or DSN 497-0032. 

b.  You have the right to submit pertinent statements andlor documents in your behalf which 
you desire to be considered in the disposition of your case.  If  you elect to exercise your right to 
submit statements, and you return the attached fonn (Atch 4) within 15 days of receipt, you may 
submit statements or documents at  any time during the administrative discharge process.  Your 
decision  on  requesting  or  waiving  the  board  hearing  does  not  affect  your  right  to  submit 
statements or documents during the administrative discharge process.  The form must be signed 
legal  counsel  and  re-turned  to HQ AFRCDPM,  1000 Marchbanks 
either  by  you  or  your 
Rd, Robins AFB GA 3 1098-2300. 

c.  If  you need  additional time to  respond to this  separation action, either you or your legal 
counsel may submit a written request to HQ AFRCDPM,  1000 Marchbanks Rd, Robins AFB 
GA 31098-2300, for an extension of time,  stating why you need  the  extra time and how much 
you11 need.  The request must be submitted in sufficient time to reach this office within 15 days 
after receipt of this memorandum. 

4.  You are eligible for an administrative discharge board.  Within 15 days after you receive this 
memorandum, you may request to have your case heard by an administrative discharge board at 
this  headquarters by  completing and  returning the attached form  (Atch  5)  requesting a board 
hearing.  If you desire a board hearing, you must mail the completed  form in sufficient time to 
reach this headquarters within  15 days after your receipt of this memorandum.  Otherwise, your 
right  to have your  case heard  by an administrative discharge board will be considered waived. 
Within 15 days after you receive this memorandum, you may waive your right to have your case 
heard by an administrative discharge board by completing and returning the attached form (Atch 
6), evidencing your waiver.  Information  regarding  an  administrative  discharge  board 
is 
provided  at Attachment 7. 

5.  You are not eligible to apply for transfer to the Retired Reserve. 

on the selection of one of these options, or failure to 
of all 
heard  by an administrative discharge board, 

you receive  this memorandum, will constitute, 
to have your 

on.the basis of all the evidence then available. 

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7.  Return envelopes are attached (Atch 8) for your convenience. 

Directorate of Personnel 

Attachments: 
1.  Privacy Act Statement 
2.  Statement of Reasons wl 
Supporting Documentation 
3.  Acknowledgment of Receipt 
4.  Selection of Rights 
5.  Request for Board Hearing 
6.  Waiver of Board Hearing 
7.  Discharge Board Info 
8.  Envelopes (2) 

CC:. 
HQ AFRCIJAS 
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-  459 MSSDPMSA. 
(Relocation) wo Attachments