Search Decisions

Decision Text

AF | DRB | CY2005 | FD2005-00041
Original file (FD2005-00041.pdf) Auto-classification: Denied
- -  
AIR FORCE DISCHARGE REVIEW BOAF"  '-- 

ITIAL) 

PERSONAL APPEARANCE 

I 
IX 

I  RECORDREVIEW 

1 

1 
2 
3 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

I 

CASE NUMBER 

FD-200540041 

ISSUES  A93.17 
A93.01 

HEARING DATE 

17 Aug 2005 

r 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout 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. 

TO: 

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

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR EORCE DISCHARGE REVIEW BOARD 
1535 COMMAND D R  EE WING, 3RD ELOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

m-2005-00041 

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

The applicant was offered a personal appearance before the Discharge Review Board ( D m )  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  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 records indicated the applicant received an Article 15 for wrongfully inhaling an aerosol 
product, specifically, Endust for Electronics, with the intent to become intoxicated.  The DFU3 recognized the 
applicant was 23 years of age when the discharge took place.  However, there is no evidence he was 
immature or did not know right from wrong.  The Board opined the applicant was older than the vast 
majority of first-tern members who properly adhere to the Air Force's standards of conduct.  The DRB 
concluded that the characterization of the applicant's discharge was appropriate due to the misconduct. 

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 RENIEW BOARD 

ANDREWS AFB,  MD 

(Former AlC)  (HGH SrA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Malmstrom AFB, MT on 20 May 
04 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Aug 80.  Enlmt Age: 18 1/12.  Disch Age: 23 9/12. Educ: HS DIPL. 
AFQT: N/A.  A-28,  E-33,  G-44,  M-39. PAFSC: 3P051 -,Security Forces Journeyman. 
DAS: 9 Dec 03. 

b.  Prior Sv:  (1) AFRes 29 Sep 98 - 26 Jan 99 (3 months 28 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 27 Jan 99 for 6 yrs. Svd: 5 Yrs 3 Mo 24 Das, all AMS. 

b.  Grade Status:  A1C -  22 Apr 04(Article 15, 22 Apr 04) 

SrA -  12 Jul 01 
A1C -  12 Mar 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 22 Apr 04, Kunsan AB, Korea -  Article 134.  You, did, 

on or about 27 Mar 04, wrongfully inhale an aerosol 
product, to wit: Endust for Electronics, with the intent 
to become intoxicated, which conduct under the 
circumstances was to the prejudice of good order and 
discipline in the armed forces.  You, were, on or about 
27 Mar 04, disorderly, which conduct was of a nature to 
bring discredit upon the armed forces.  Reduction to 
AlC, 14 days restriction, 14 days extra duty, and a 
reprimand. (No appeal )  (No mi tigat ion) 

e.  Additional: None. 

/ 

f.  CM:  None. 

g.  Record of SV: 27 Jan 99 -  26 Sep 00  RAF Lakenheath  4  (Initial) 

27 Sep 00 -  01 Jun 01  RAF  Lakenheath  4  (CRO) 
02 Jun 01 -  01 Jun 02  Malmstrom AFB  3  (Annual) 
02 Jun 02 -  01 Jun 03  Malmstrom AFB  5  (Annual) 

h.  Awards &  Decs:  AFOUA W/1 OLC, NDSM, AFEM, AFLSAR, NCOPMER, SAEMR, 

AFTR, NATOM, KDSM, AFOSSTR, AFOSLTR, AFGCM. 

i.  Stmt of Sv:  TMS:  (5) Yrs  (7) Mos  (22) Das 
TAMS:  (5) Yrs  (3) Mos  (24) Das 

4.  BASIS ADVANCED FOR RFVIEW:  Appln  (DD Fm 293) dtd 20 Jan 05. 

(Change Discharge to Honorable) 

Issue 1:  First I would like to apologize for my actions.  I am very ashamed 

of how I was seperated (sic) from the Air Force.  Never again will I put myself 
in a situation and fall under peer pressure.  I have learned from this incident 
that simple life decisions can affect a lifetime of accomplishments.  Again, I 
apoligize and I can assure you that I will never make the mistake again.  I am 
still very proud of the time I served in the military and the many things I have 
seen and accomplished while iwactive duty.  I am also thankfull (sic) because 
the Air Force has taught me how to become a mature responsible adult.  I am 
asking that you review my records and see that over 5 years, 3 months, and 24 
days of Honorable service outweighs one mistake, a mistake that I will regret 
for the rest of my life and has learned from. 

Please change my discharge into a Honorable one.  I never once intended not to 
do my duties and leave the Air Force without a Honorable discharge.  Thank you 
for your time. 

ATCH 
None. 

8TH SECURITY FORCES SQUADRON 

KUNSAN AIR BASE  96264 

MEMORANDUM FOR 

FROM:  8 SFS/CC 

SUBJECT:  Notification Memorandum 

0 5  MAY  2004 

1.  I am recommending your discharge from the United States Air Force for Misconduct:  Drug 
Abuse.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54.  If my 
recommendation is approved, your service will be characterized as an Under Honorable Conditions 
(General) Discharge. I am recommending that your service be characterized as General. 

2.  My reason for this action is: 

On 27 March 2004, you wrongfully inhaled Endust for Electronics, with the intent to become 
intoxicated.  For this action you were given an Article 15.  (Atch 1) 

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 authority 
will decide whether you will be discharged or retained in the United States 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 and any special pay, bonus, or education assistance funds may be 
subject to recoupment. The separation authority will make the findings and recommendations 
required under 10 U.S.C.  Section 2005(g). 

4.  You have the right to consult counsel.  Military 
have made an appointment for you to consult Majo 
hours.  You may 

at  6 % 0 o 

5.  You have the right to submit statements in 
separation authority to consider must reach me by 
receive an extension for good cause shown.  I will 

obtained to assist you.  I 
at Ramstein Air Base, on 
el at your own expense. 

unless you request and 

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 the 8th Medical 
Group, Bldg 405 on  'S  PI c r  Oy  , at  7 00 

hours for the examination. 

I 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy 
of AFI 36-3208 is available for your use at 8 SFS orderly room. 

- 
i 

! 

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

Attachments: 
1.  AF Form 3070 (Art 15), dtd 22 Apr 04 
2.  Receipt of Notification Memorandum 



Similar Decisions

  • AF | DRB | CY2003 | FD2000-0168

    Original file (FD2000-0168.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | epoo.9168 GENERAL: The applicant appeals for upgrade of discharge to Honorable. However, after a thorough review of the record, the Board finds that the applicant’s character of discharge is inequitable. Attachment: Examiner's Brief FD-00-00168 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) MISSING DOCUMENTS 1.

  • AF | DRB | CY2007 | FD2006-00458

    Original file (FD2006-00458.pdf) Auto-classification: Denied

    The characterization of the discharge received by the applicant was found to be appropriate. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AMN) 1. (No appeal) (No mitigation) 26 Jul 01, RAF Lakenheath, UK - Article 121.

  • AF | DRB | CY2006 | FD2006-00033

    Original file (FD2006-00033.pdf) Auto-classification: Denied

    The Vacation action was for failure to go to appointed place of duty. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH A ~ C ) 1. At or near RAF Lakenheath, UK, on or about 3 Feb 04 you did, without authority, fail to go at the time prescribed to your appointed place of duty and received the same as in paragraph 2k; m. At or near Sheppard Air Force Base, TX, on or about 1 1 Jul03 you were disorderly while on duty and...

  • AF | DRB | CY2003 | FD2002-0360

    Original file (FD2002-0360.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE — FD2002-0360 GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the reason and authority for discharge. Accordingly, he should be discharged. Direct the Respondent be discharged with a general discharge, with or without P&R; c, Recommend the Respondent be discharged with an honorable discharge, with or without P&R, and forward this case to the General Court-Martial Convening Authority (9...

  • AF | DRB | CY2007 | FD2006-00048

    Original file (FD2006-00048.pdf) Auto-classification: Denied

    API'EARANCE HE 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 1 Names and votes will be made available to the applicant at the applicant's request. ' The characterization of the discharge received by the applicant was found to be appropriate. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF.

  • AF | DRB | CY2003 | FD2003-00032

    Original file (FD2003-00032.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0032 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The records indicated the applicant received two Article 15s for failure to obey a lawful command to take the Anthrax vaccination. (Appeal/Denied) (No mitigation) (2) 23 Jan 01, RAF Lakenheath, UK ~ Article 90.

  • AF | DRB | CY2007 | FD2006-00226

    Original file (FD2006-00226.pdf) Auto-classification: Denied

    MI) 211762.71~1~ (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NIJMRER FD-2006-00226 GENERAL: The applicant appeals for upgrade of discharge to honorable. Prior Sv: (1) AFRes 13 Jan 97 - 16 Dec 97 (11 months 4 days)(Inactive). I PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter data] AND Ah4 COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

  • AF | DRB | CY2003 | FD2002-0420

    Original file (FD2002-0420.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0420 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The records indicated the applicant received a General Discharge for Misconduct — Drug Abuse after being found guilty by a Special Court Martial for wrongfully using cocaine and methamphetamines. SERVICE UNDER REVIEW: ‘a.

  • AF | DRB | CY2006 | FD2005-00373

    Original file (FD2005-00373.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00373 GENERAL: The applicant appeals for upgrade of discharge to honorable. The Board concluded the misconduct was a significant departure from conduct expected of all military mcmbers, and the characterization of thc discharge received by the applicant was found to be appropriate; however, if he can provide additional documented information to substantiate his issue, he should consider exercising his right to make a...

  • AF | DRB | CY2006 | FD2005-00323

    Original file (FD2005-00323.pdf) Auto-classification: Denied

    MEMBER SITTING INDEX NUMBER A66.00 I I I ISSUES A94.02 A01.14 A94.12 A01.32 I HEARING DATE I I I I I I I EXHISITS SUBMITTED TO THE BOARD I 1 2 3 4 ORDER APPOINTING THE BOAUD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL 1:ILE COUNSE1,'S REI.EASE 'f0 '11 IE BOARD ADDITIONAI, EXHIBITS SUBMITTED AT T I M E OF; PERSONAL APPEARANCE I TAPE RECORDING OF PERSONAI, APPEARANCE 02 Feb 2006 -PLICANT'S FD-2005-00323 ISSUE wm BOARD'S DECXSIONAC RATIONAL A l E DISCUSSED ON...