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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

IITIAL) 

I I

X

 

I  RECORDREVIEW 

MEMBER SITTING 

ISSUES  A93.17 
A94.05 

(  LYDEXNUMBER 

HEARING DATE 

17 Aug 2005 

CASE NUMBER 

FD-2005-00058 

Case heard at Washington, D.C. 

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ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

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. 

TO: 

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

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
I535 COMMAND DR, EE WING, 3RD FLOOR 
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 

FD-2005-00058 

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

The applicant was offered a personal appearance before the Discharge Review Board @RB) 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. 

ISSUES: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh and based on an isolated 
incident.  The records indicated the applicant received an Article 15 for wrongful use of marijuana. The 
Board concluded the misconduct was a significant departure fiom conduct expected of all military members. 
The characterization of the discharge received by the applicant was found to be appropriate. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his 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  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former SRA) (HGH SSGT) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Moody AFB, GA on 4 Jun 02 UP 
AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 23 Jun 77. Enlmt Age: 19 3/12.  Disch Age: 24 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-40,  E-28,  G-52,  M-35. PAFSC: 2S051 -  Supply Management 
"Journeyman. DAS :  28 Sep 00. 

b.  Prior Sv:  (1) AFRes 9 Oct 96 -  16 Oct 96  (8 days) (Inactive). 

22 days, all AMS.  Amn  -  17 Apr 97.  A1C -  17 Feb 98.  SrA  17 Oct 99.  EPRs: 
4,5,5. 

(2) Enlisted as AB  17 Oct 96 for 4 yrs.  Svd: 3 yrs 11 months 

3.  SERVICE  UNDER  REVIEW: 

a.  Enlisted as SrA 10 Oct 00 for 4 yrs. Svd: 1 Yrs 7 Mo 25 Das, all AMS. 

b,  Grade Status:  SrA -  3 May 02 (Article 15, 3 May 02) 

SSgt -  1 Feb 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 3 May 02, Moody AFB, GA -  Article 112a.  You, did, 
within the Continental United States, between on or 
about 1 Mar 02, and on or about 20 Mar 02, wrongfully 
use marijuana.  Reduction to SrA, forfeiture of $840.00 
pay per month for 2 months.  (No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 17 Jun 00 -  16 Jun 01  Moody AFB  5  (Annual) 

h.  Awards &  Decs :  AFLSA, KCM, AFTR, NCOPMER, NDSM, AFOUA, AFGCM. 

i.  Stmt of Sv:  TMS:  (5) Yrs  (7) Mos  (27) Das 
TAMS:  (5) Yrs  (7) Mos  (19) Das 

4 .   BASIS  ADVANCED  FOR  REVIEW:  Appln  (DD Fm 293) dtd 1 Jul 05. 

(Change Discharge to Honorable) 

Issue 1:  My overall conduct and performance  throughout my service was good 
and my discharge should not reflect an isolated incident.  Also, I have a prior 
honorable discharge. 

ATCH 
1. DD Forms 214. 
2. Discharge Correspondence. 
3. AF  Form 3070. 
4. Enlistment Documents. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 347TH RESCUE WING (ACC) 

MOODY.AIR FORCE BASE GEORGIA 

* 

F p m ~ - @ s F  

MEMORANDUM FOR SRA 

FROM:  41 RQS ICC 

SUBJECT: Notification Meinorandum 

20 May 2002 

41 RQS 

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, paragraph 5.54.  If my 
recommendation is approved, your service will be characterized as honorable or general.  I am 
recommending that your service be characterized as general. 

2.  My reason for this action is as follows: 

* 

You, did, within the continental United States, between on or about 1 March 2002 and 

on or about 20 March 2002, wrongfdly use marijuana, a Schedule I controlled substance.  For 
this offense you received nonjudicial punishment pursuant to Article 15, UCM, on 3 May 02 
(Atch I).  Your punishment included a reduction to the grade of Senior Airman, and forfeiture of 
$840.00 pay per month for 2 months. 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you will 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 and will probably be precluded from enlistment in any 
component of the armed forces.  Any special pay, bonus, or education assistance funds may be 
subject to recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult Capt 
460-3421, on 21 Mav 2002 at 
~ui1di.n~ 5 107 Austin Ellipse, Moody AFB;  GA,  ext 
0900 hrs. Please take your copy of this Notitication Memorandum and attachments with you to 
your appointment. ;You may c o d t  civilian counsel at your own expense. 

Area Defense Counsel, in 

4.  You have the right to submit a statement in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after receipt of this 
notification letter unless you request and receive an extension for good cause shown.  I will send 
them to the'separation authority. 

5. Tf YOU fai1.t~ consult counsel or to submit statements in your own behalf? your failure will 

constitute a waiver of your right to &Y~?/?ower ~r  A m r i c i  

6.  You have been scheduled for a medical examination.  You must report to the Moody Air 
Force Base Hospital, Physical Exams, Building 3296, on 21 May 2002 at 1315 hrs for the 
examination. This is a mandatory appointment.  Be sure to bring your medical records to this 
appointment. 

7.  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 in the orderly room. 

8.  Execute the attached acknowledgement and return it to me immediately. 

Attachments: 
1.  AF Form 3070,3 May 02 
2.  Receipt of Notification Memorandum