HARGE REVIEW BOART, HEARING RECORD 

JITIAL) 

F

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 GEN 

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PERSONAL APPEARANCE 

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IX 

I  RECORDREVIEW 

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MEMBER SITTING 

ISSUES  A94.53 
A66.00 

INDEX NUMBLK  A6 

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

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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I 

HEARlNG DATE 

17 Aug 2005 

CASE NUMBER 

FD-2005-00043 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withfwithout 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: 

SAF/MRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

1 
1 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMhiAND DR. EE WING. 3RD I . 2 0 0 R  
ANDREWS AFB, hW.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-2005-00043 

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: Upgrade of discharge is denied. 

The Board finds the applicant  submitted no  issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify a change of 
discharge. 

ISSUE:  The records indicated the  applicant received an Article  15 for wrongful use  of marijuana.  The 
Board  noted  the  applicant  was  age 21  when  his  misconduct  occurred,  essentially the  same  age  as  other 
airmen who complete their enlistments without disciplinary infractions, and there was no evidence he did not 
know  right  from wrong.  The  Board  further concluded the  misconduct  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. 

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 

I 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AMN)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Tyndall AFB, FL on 23 Jan 04 
UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 22 May 82.  Enlmt Age: 18 11/12. Disch Age: 21 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-68,  E-86,  G-76,  M-81. PAFSC: 2A333A -  F-15 Aircraft Maintenance 
Apprentice.  DAS: 23 Jan 02. 

b.  Prior Sv:  (1) AFRes 25 Apr 01 -  01 May 01 (6 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 2 May 01 for 6 years. Svd: 02 Yrs 08 Mo 22 Das, of which 

AMS is 02 Yrs 08 Mo 18 Das (ex. 4 Das lost time). 

b.  Grade Status:  AMN -  22 Dec 03  (Article 15, 22 Dec 03) 

SRA -  19 Oct 03 
A1C -  15 Jun 01 

c.  Time Lost:  7 Dec 03 -  10 Dec 03, 4 Days. 

d.  Art 15's:  (1) 22 Dec 03, Tyndall AFB,FL, Article 112a.  You did, at 
or near Panama City, FL, between on or about 24 Oct 03 
and on or about 24 Nov 03, wrongfully use marijuana. 
Reduction to Amn and 45 days extra duty.  Suspended 
forfeiture of $200.00 pay per month for 2 months. 
(No appeal) (No mitigation) 

e.  Additional: NONE. 

f.  CM:  None. 
g.  Record of SV: 02 May 01 -  02 Jan 03  Tyndall AFB  4  (Initial) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (08) Mos  (24) Das 
TAMS:  (02) Yrs  (08) Mos  (18) Das 

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

(Change Discharge to Honorable.) 

Issue 1:  NO ISSUES SUBMITTED. 

ATCH 
NONE. 

DE\  ARTMENT OF THE AIR FORI, ,. 

3 2 ' 5 ~ ~  AIRCRAFT MAINTENANCE SQUADRON 

TYNDALL AFB, FLORIDA 

FROM:  325 AMXSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct:  Drug 
Abuse.  The authority for this,action is AFPD 36-32 and M I  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 an Under Honorable 
Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  As evidepced by an Article 15, dated 22 December 2003, you, did, at or near Panama City, 
Florida, between on or about 24 October 2003 and on or about 24 November 2003, wronghlly 
use marijuana.  (ATCH 1 a) 

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. 

4.  You have the right to consult counsel.  Mil 
have made an appointment for you to consult 
Building 1287, on 
your own expense. 

, at 

en obtained to assist you.  I 
903 Beacon Beach Rd, 

hours.  You may consult civilian counsel at 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  [q &h oC( 
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 Public Health, 
Building 13 1 1 on 

hours for the examination. 

, at 

8.  You have been scheduled for a separations briefing.  You must report to 325 MSSIDPMAR 
(Separations) at 

on 

9.  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 at http:Nwww.e-publishing.af.mil/pubfiles/~36- 
3208lafi36-3208.pdf 

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

Attachments: 
1 a.  Article 15 dated 22 Dec 03 
2.  Receipt of Notification Memorandum