Search Decisions

Decision Text

AF | DRB | CY2005 | FD2005-00068
Original file (FD2005-00068.pdf) Auto-classification: Denied
- 

- 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

ITIAL) 

PERSONAL APPEARANCE 

RECORD REVIEW 

MEMBER SITTING 

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

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

I I  TAPE RECORDING OF PERSONAL APPEARANCE 

CASE NUMBER 

FD-2005-00068 

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: 

S AFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WMG, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

HEARING DATE 

'  18 Aug 2005 
r - 

Case heard at Washington, D.C. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00068 

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  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:  Applicant contends discharge was inequitable because the investigation leading to her discharge 
was based on rumors and wrongful information. The records indicated the applicant received two Article 
15s, a Letter of Reprimand, and a Record of Individual Counseling.  Her misconduct included late for work, 
two instances of underage drinking, impeding an official investigation, and wrongfully distributing Lortab, a 
Schedule I1 controlled substance.  The DRB opined that through these administrative actions, the applicant 
had ample opportunities to change her negative behavior.  The Board concluded the misconduct was a 
significant departure fiom conduct expected of all military members.  If she can provide additional 
documented information to substantiate an issue, the applicant should consider exercising her right to make a 
personal appearance before the Board.  If she should choose to exercise this right to a personal appearance 
hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any 
exemplary post-service accomplishments as well as any contributions to the community.  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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Vance AFB, OK on 21 Dec 04 UP 
AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a.DOB: 31 Jul 84.  Enlmt Age: 18 5/12.  Disch Age: 20 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-60,  G-52,  M-36. PAFSC: 4Y031 -  Dental Apprentice. 
DAS: 7  Jun 03. 

b.  Prior Sv: None. 

3 .  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 22 Jan 03 for 4 yrs. Svd: 1 Yrs 11 Mo 0 Das, all AMS. 

b.  Grade Status:  AB  -  22 Nov 04 (Article 15, 22 Nov 04) 
Amn  -  22 Sep 04 (Article 15, 22 Sep 04) 
A1C -  22 May 04 
Amn  -  22 Jul 03 

C 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 22 Nov 04, Vance AFB, OK -  Article 112a.  You did, 

between on or about 19 Aug 04 and on or about 20 Oct 04, 
wrongfully distribute one half(l/2) tablet of 
Lortab(hydrocodone), a Schdule I1 controlled substance. 
Reduction to AB.  Restriction for 30 days, and a 
reprimand. (No appeal) (No mitigation) 

(2) 22 Sep 04, Vance AFB, OK -  Article 92.  You, who knew 

of your duties, at or near Oklahoma City, OK, on or 
about 28 August 04, were derelict in the performance of 
those duties in that you willfully failed to refrain 
from possessing and consuming alcoholic beverages, while 
being under twenty one years of age, as it was your duty 
to do.  Article 134.  You did, on or about 30 Aug 04, 

ot consume alcohol on the night 

tion to the srade of Airman. 

suspended forfeiture of $150.00 pay per month for 2 
months.  Restriction for 30 days, and a reprimand. 

(No appeal) (No mitigation) 

e.  Additional: LOR, 26 MAY 04 -  Underage drinking. 

RIC, 15 JAN 04 -  Late for work. 

f .  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (11) Mos  (0) Das 
TAMS: (1) Yrs  (11) MOS  (0) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Jan 05. 

(Change Discharge to Honorable) 

Issue 1:  I feel as though I was set up and the whole investigation was 

based on rumors and wrongful information. 

ATCH 
1. Report of Investigation. 
2. Article 15 Response. 
3. Confidential Patient Information, Prescription Profile. 

~  - --  - 

- 

DEPARTMENT OF THE AIR  FORCE 

71ST MEDICAL OPERATIONS SQUADRON 

VANCE AFB, OKLAHOMA 73705-51 05 

i .  

;<.. 
;-, :'.  .'?  , ,..!  .. 
... ~,:.: 
-' ?;.  .:.. . 
I..  ,  . 
.::.  . . .  
.  ~. 
. 
: . .  
. 
. ..  2  ,. .  , 
.. _ .   .  . 
.  .  . 
. .  
~  .~  . 
- 
 . ..  . .  

:
. ~ .

, 

 . 

.

, 

If my recommendation is approved, ,your service will be characterized as an Under 
Honor;ible-Conditions (~&ral)'~ischar~e. 
characterized as an Under Honorable Conditions (General) Discharge. 

I am recommending that your service be 

.  . .  

2.  My reason for this action is: 

Between on or about 19 August 2004 and on or about 20 October 2004, you wronghlly 
distributed Loitab, a Schedule II controlled substance.  For your actions, yo11 were 
punished under Article 15, UCMJ on 22 November 2004. 

\ 

. 

. 

Copies of the documents to be forwarded to the separation authority in support of &is 
recobendation 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. If you are discharged, you will be ineligible for reenlistment in the @ Force and 
any special pay, bonus, or education assistance funds may b e  subject to recoupment. The 
separation authority will make the findings and recommendations required under 10 
U.S.C.  Section 2005(g). 

3.  You have the right to consult counsel.  Mil 
you.  I have made an appointment for you to c 
McConnell AFB, KS, DSN;  743-4375 on 30 Nov 2004, at 1600 hours.  You may consulf 
civilian counsel at your own expense. 

4.  You have'the light to submit statements in your own behalf.  Any statements you want 
the separation authority to consider must reach me by  3  'a"G OY 

unless you request 
'  and receive an extension for good cause shown.  I will send them to the separation authoiity. 

5.  If'you-fail  to consult counsel or to  submit statements in your own behalf, your failure will 
constitute a waiver of your light to do sb. 

6.  You have been scheduled for a medical examination.  You must report to 71 MDG,'Bldg 
810 on  2 3 ~ 6   , at  133o 

hours for the examination. 

I 

e attached aclcnowledpent and setutn it-to'nle immediately. 

c.  LOR dated 26 May 04 
d.  LOC dated 15 Jan 04 

, 



Similar Decisions

  • AF | DRB | CY2007 | FD2006-00261

    Original file (FD2006-00261.pdf) Auto-classification: Denied

    ISSUES: Applicant received a General discharge for Misconduct--Drug Abuse Issue 1: The applicant submitted no issues and requested that the review be completed based on the available service record. 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 A I R FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB,...

  • AF | DRB | CY2007 | FD2006-00290

    Original file (FD2006-00290.pdf) Auto-classification: Denied

    SIJITE 40 RANDOLPH AFB, TX 78 150-4742 AFHQ FORM 0-2077, JAN 00 SECRETARY OF THE AIR FORCE PRRSONNEL COUNCIL AIR FORCE DISC1IART.E REVIEW BOARD 1535 COMMAND OR, EE WINC,3RD FLOOR ANOREWS AFB, MD 20762-1002 I (EF-V2) Previous edition will be used A AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE LASE NUMBER FD-2006-00290 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code. ...

  • AF | DRB | CY2006 | FD2005-00443

    Original file (FD2005-00443.pdf) Auto-classification: Denied

    (Change Discharge to Honorable) NO ISSUES SUBMITTED. I am recommending your discharge from the United States Air Force for Misconduct: Drug Abuse. In addition to military counsel, you have the right to employ civilian counsel.

  • AF | DRB | CY2004 | FD2003-00068

    Original file (FD2003-00068.pdf) Auto-classification: Denied

    (Change Discharge to Honorable) Issue 1: I - - - - - - , am submitting to the review board a request to have my General under Honorable Discharge upgraded to an Honorable Discharge from Sept 98 to Jan 01. Letter of Counseling, 4 Apr 00 4. Letter of Counseling, 5 Dec 00 10.

  • AF | DRB | CY2005 | FD2005-00226

    Original file (FD2005-00226.pdf) Auto-classification: Denied

    'I('E MEhlBER (LAST, FIRST MIDDLE INITIAL) GRADE A FSNISSAN AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GEN I I PERSONAL APPEARANCE - -- .------A ~ s E ~ I N A M E b F COliNSFl AND OR ORGAN17A I ION - X ADDRESS AND OR OHAIR FORCE DISCIIARGK REVIEW BOARD IIECISIONAL RATIONALE CASE IVL1hlHF.R F])-2(,05-OUZ26 GENERAL: The applicant appeals for upgrade of discharge to honorable. b. Grade Status: A m - 08 Nov 01 (Article 15, 8 Nov 01) SrA - 05 Dec 00 A1C - 05 Apr 99 A m - 05 Jun 98 AB - 05...

  • AF | DRB | CY2003 | FD2003-00256

    Original file (FD2003-00256.pdf) Auto-classification: Denied

    Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR iA rw) a E OK BOARD PRESIWEN ™ SAF/MRBR : SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used CASE NUMBER ATR FORCE DISCHARGE...

  • AF | DRB | CY2001 | FD01-00009

    Original file (FD01-00009.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE GENERAL: The applicant appeals for upgrade of discharge to Honorable. - Attachment: Examiner's Brief DEPARTMENT OF THE A I R FORCE A I R FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AMN) FD-01-00009 l . Paragraph 5-49d, 1 8 DEC I990 c reviewed the administrative discharge file regarding including his conditional waiver of a discharge boar it legally sufficient subject to a medical determination that the respondent is qualified...

  • AF | DRB | CY2007 | FD2006-00446

    Original file (FD2006-00446.pdf) Auto-classification: Denied

    MD 20762-7002 I AFHQ FORM 0-2077, JAN 00 I (EF-V2) Previous edition will be used L AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00446 GENERAL: The applicant appeals for upgrade of discharge to honorable. 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. In addition to military counsel, you have the right to employ civilian counsel.

  • AF | DRB | CY2006 | FD2006-00143

    Original file (FD2006-00143.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) -----------------------------------. The applicant had further misconduct and received his first Article 15 for being absent from his appointed place of duty. For your actions, you were punished yourself as an AFOSI agent to Mr.; ....................... undk Article 15, UCMJ, on 18 Mar 04 coniisting of reduction to the grade of airman basic, restriction to Nellis AFB, NV for 45 days, 45 days...

  • AF | DRB | CY2007 | FD2006-00244

    Original file (FD2006-00244.pdf) Auto-classification: Denied

    The records indicated that the applicant received two Article 15's, a Letter of Reprimand, and a Letter of Counseling for misconduct. For these actions you received a Letter of Counseling, dated 05 January 2004. Copies of the documents to be forwarded to the separation authority in support of this recornmmdation are attached.