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3ARGE REVIEW BOARD HEARING RECORD 

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MEMBER SITTING 

ISSUES 

A93.17 
A95.00 

MDEX hlJMBER 

A67 

KEARING DATE 

18 Aug 2005 

CASE NUMBER 

FD-2005-00082 

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 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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

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

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AF'HQ  FORM 0-2077, JAN 00 

NEL COUNCIL 

ANDREWS AFB, MD 10761-7001 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD~2005-00082 

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

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 and change of reason and authority for discharge are 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: 

Issue 1.  Applicant contends allegations were unsubstantiated.  The records indicated the applicant received 
two Article 15s, four Letters of Reprimand, three letters documenting verbal counseling, and two letters of 
documenting a duty/alcohol incident and financial irresponsibility. The member's  misconduct included 
wrongfhl use of marijuana, dereliction of duty, reporting to work intoxicated on two occasions, failure to pay 
just debt, reporting to work wearing the wrong uniform, failure to go, and late for work. The DRB opined 
that through these administrative actions, the applicant had ample opportunities to change his negative 
behavior.  The Board 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. 

Issue 2.  Applicant states that he was not arrested, convicted, nor sentenced as a result of his discharge and 
his discharge is hindering employment opportunities.  This issue is without merit since an administrative 
discharge is not dependent on a conviction or an arrest but rather the underlying misconduct. The DRB 
recognized the applicant was 3 1 years of age when the discharge took place.  There is no evidence he was 
immature or did not know right from wrong.  The Board 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 fiu-ther 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 

DEPAR!CMENT  OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  M D  

(Former A3)  (HGH SGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr McGuire AFB, NJ on 9 Mar 90 
UP AFR 39-10, para 5-50.1 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge, and to Change the Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Feb 59.  Enlmt Age: 22 2/12.  Disch Age: 31 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-75,  E-45,  G-50,  M-54. PAFSC: 90250 - Medical Services 
Specialist. DAS: 26 Jul 85, 

b.  Prior Sv: (1) AFRes 21 Apr 81 -  9 Sep 81 (4 months 20 days) (Inactive). 

22 days, all AMS.  AMN-(APR Indicates): 10 Sep 81-22 Jun 82.  AlC-(APR 
Indicates): 23 Jun 82-22 Jun 83.  APRs: 8,8,8. 

(2) Enlisted as AB 10 Sep 81 for 4 yrs.  Svd: 3 yrs 0 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as A1C 3 Oct 84 for 6 yrs. Svd: 5 Yrs 5 Mo 6 Das, all 
b.  Grade Status:  AB -  1 Feb 90 (Article 15, 1 Feb 90) 
A1C -  1 Aug 89  (Article 15, 1 Aug 89) 
SrA -  10 Nov 84 

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c.  Time Lost:  None. 

d.  Art 15's:  (1) 1 Feb 90, San Vito AS, Italy -  Article 112a.  You did, 

on or about 30 Aug 89, wrongfully use mar-ijuana. 
Reduction to AB, and forfeiture of $362.00 pay per month 
for 1 month.  (No appeal) (No mitigation) 

(2) 1 Aug 89, San Vito AS, Italy -  Article 92.  You, 

knowing of your duties, on or about 13 Jul 89, were 
derelict in the performance of those duties in that you, 
by culpable inefficiency failed to complete your base 
outprocessing, as it was your duty to do.  Reduction to 
AlC, and 14 days extra duty.  (No appeal) (No mitigation) 

Additional: SGQ LTR, 3 JUL 89 -  ~eporting to work with a high content 

of alcohol in blood. 

LOR, 23 JUN 89 -  Failure to carry out a just debt. 
SGQF LTR, 6 FEB 89 -  Financial irresponsibility. 
VBC, 28 JAN 89 -  Financial irresponsibility. 
VBC, 13 JAN 89 -  Financial irresponsibility. 

LOR/UIF, 5 AUG 88 -  ~eporting to duty wearing the wrong 

uniform, failure to go, and late for 
work. 

LOR, 24 JUN  88 -  Reporting to duty after overindulgence in 

an intoxicating substance. 
VBC, 2 FEB 88 -  Financial irresponsibility. 
LOR, 22 OCT 86 -  Failure to report for scheduled movement. 

f.  CM:  None. 

g.  Record of SV: 23 Jun 84 -  25 May 85  Andrews AFB  9  (CRO) 
26 May 85 -  30 Apr 86  San Vito AS  7  (CRO) 
01 May 86 -  10 Dec 86  San Vito AS  9  (CRO) 
11 Dec 86 -  10 Dec 87  San Vito AS  8  (Annual) 
11 Dec 87 -  10 Dec 88  San Vito AS  8  (Annual) 
11 Dec 88 -  25 Jun 89  San Vito AS  7  (CRO) 
26 Jun  89 -  31 Jan 90  San Vito AS  2  (HAF D ~ ~ ) R E F  

h.  Awards &  Decs :  AFGCM W/1 DEV, AFOUA W/1 DEV, SAEMR, AFTR, AFOSLTR, 

AFLSAR. 

i.  Stmt of Sv:  TMS:  (8) Yrs  (10) Mos  (17) Das 

TAMS: ( 8 )   Yrs  (5) Mos  (28) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln (DD Frn  293) dtd 15 Feb 05. 

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

Discharge) 

Issue 1:  Unsubstantiated allegations. 

Issue 2:  Prejudicial statement on DD214.  My DD 214 has the reason of 

discharge as "drug abuse".  I was not arrested, nor convicted, nor sentenced as 
a result of my discharge.  When applying for jobs with the U.S. Government the 
Reason for Discharge states "Drug Abuse."  This statement on my discharge papers 
has hindered me making a living and contributing toward society.  I am a 50% 
disabled Vet who is now seeking a career by attending school full time.  The 
allegations concerning my discharge are not true. 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

7275TH AIR  BASE GROUP  NSAFEI 

APO  NEW YORK  09240-5000 

REPLY  TO 
ATTN  OF:  CCQ 

SUBJECT:  Notif ieation Letter -  Board  Hearing 

1  February  l9QO 

TO:  A 

I  a m  recommending your disaharge  from the United  States Air 
1. 
Force for misconduct  consisting of  drug  abuse according  to AFR 
39-10, under  the provisions of  paragraph  5-50.1.  Copies of the 
documents to be  forwarded  to the separation authority  to  support 
this recommendation are attaohed. 

2.  My  reason for  this action  is that on or about  30 August  1989, 
you wrongfully used marijuana.  You received nonjudicial  punishment 
on 1  February  1990  (Atch 1). 

3.  Thid  action could result in your separation with a n  under other 
than honorable conditions discharge.  I am recommending  that you 
receive an under  other  than honorable  conditions discharge.  The 
commander exercising  SPCM jurisdiction or a higher  authority will 
make  the  final decision  in this matter.  If you are disaharged, you 
will be  ineligible for reenlistment  in  the Air  Force. 

4.  You have  the right to: 

a.  Consult  legal counsel. 

b.  Present your  case to an administrative discharge board. 

c.  Be represented by  legal  counsel at a board  hearing. 

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d.  Submit statements in your own behalf  in addition  to, or  in 

lieu of,  the board  hearing. 

e.  Waive  the above  rights.  You must  consult  legal counsel 

before making  decision to waive any  of  your rightg. 

5.  You have  been  scheduled  for a medical  examination.  You must 
report  to 7275 ABG Clinic, at 0700 hours, on 6 February  1990. 

6.  Military  legal  counsel, Captain 
to assist  you.  You aan contact Cap 
I f   you have difficulty reaching  legal counsel, the base  legal 
office can assist you in aontacting  counsel.  Instead of  the 
counsel  originally assigned  to represent you, you may  have another, 
i f   the  lawyer you request  is  in  the active military  service and  is 

8-2782/2397. 

is  available 

reasonably  available as determined according  to AFR  1 1 1 - 1 .  
addition  to military  counsel, you have  the right to employ  civilian 
counsel.  The Aip  F o ~ a e  does-not pay  expenses  incident  to  the 
employment  of  civilian counsel.  Civilian counsel, i f   employed, 
must be readily available. 

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7.  Confer with your  counsel and  reply, in writing, within  7 
workdays, specifying the rights you choose to exercise.  The 
statement  must  be  signed  in the presence of  your counsel who also 
will sign  it.  If  you waive your right  to a hearing  before  an 
administrative  discharge board, you may  submit written  statements 
in  your  own behalf.  I  will  send  the statements to  the discharge 
authority  with  the case  file  to be  considered  with  this 
recommendation.  If  you fail  to respond, your  failure will 
constitute  a waiver  of  the right  to the board  hearing. 

8.  If  this discharge recommendation results in an approved 
discharge,  you may  request  that  it  be  reviewed  in  the Office of  the 
Secretary  of  the Air  Force prior  to  execution. 

9.  Any  personal  information you  furnish in rebuttal  is covered by 
the Privacy Act  Statement as explained  in AFR  39-10, attachment 6. 
A copy  of  AFR  39-10 is available  for your use  in  the orderly  room. 

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

Commander,  Squadron Section 

1 1  Atch 
1.  AF Form 3070, 1  Feb 90, 

w/atch 

2.  LOR, 22 Oat  86 
3.  Delinquent Telephone Bill 

Ltr, 21 Jan 88 
4.  LOR, 24 Jun 88 
5.  AF  Form 1058, 16 Aug  88, 

w/2 atch 

6.  COM Delinquent  Account 
Ltr, 1 1  Jan 89, w/atch 

7.  Delinquent  Account  Ltr, 

6 Feb 89 

8.  LOR, 23 Jun 89 
9.  LOR, 3 Jul  89 
10.  AF  Form 3070,  1  Aug  89 
11. Airman's  Receipt