:HARGE REVIEW BOARD HEARING RECORD 

NITIAL) 

~TYPEGEN  I 

PERSONAL APPEARANCE 

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X

 

I  RECORDREVIEW 

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MEMBER SITTING 

ISSUES  A93.17 

HEARING DATE 

18 Aug 2005 

CASE NUMBER 

FD-2005-00096 

Case heard at Washington, D.C. 

1  1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3 1  LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 

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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. 

I Names and votes will be made available to the applicant at the applicant's request. 

I  TO: . - 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RAN W L P H  AFB, TX 781 50-4742 

SECRETARY OF THE AIR FORCE ?ERSOmEL COUIVCU 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAM) DR.  EE WMC, 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-4005-00(J96 

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 wrongfully using marijuana, and a 
Letter of Reprimand, for allowing two minors to remain overnight and without supervision.  The Board 
noted the applicant was age 19 to 20 when the 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 fiom wrong.  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. 

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 AMN)  (HGH A'IC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Hurlburt Field, FL on 16 Dec 
03 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Jan 83. Enlmt Age: 18 0/12.  Disch Age: 20 10/12. Educ: HS DIPL. 
AFQT: N/A.  A-51,  E-64,  G-42,  M-51. PAFSC: 2A636 - Aircraft Electronic Systems 
Apprentice. DAS: 27 Dec 01. 

b.  Prior Sv: (1) AFRes 24 Feb 01 -  28 May 01 (3 months 5 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 29 May 01 for 6 yrs. Svd: 2 Yrs 6 Mo 18 Das, all AMS. 
b.  Grade Status :  AMN -  4 Nov 03 (Article 15, 4 Nov 03) 

A1C -  16 Jul 01 

c .  Time Lost :  None. 
d.  Art 15's:  (1) 4 Nov 03, Hurlburt Field, FL -  Article 112a.  You did, 

within the state of Florida, on or about 15 Sep 03, 
wrongfully use marijuana, a Schedule I controlled 
substance.  Reduction to Airman, and 45 days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOR, 23 AUG 02 -  Allowed two minors-to remain overnight and 

was not present during that time. 

. 

f.  CM:  None. 

g.  Record of .SV: 29 May 01 -  15 Jan 03  Hurlburt Field  5  (HAF Dir) 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (9) Mos  (23) Das 
TAMS: (2) Yrs  (6) Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln. (DD Fm 293) dtd 23 Feb 05. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

.- .. 

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('  FpamS-00 0 76 

DEPARTMENT OF THE AIR FORCE 

l(iTH AIRCRAFT MAINTENANCE SQUADRON (AFSOC) 

MEMORANDUM FOR A M N  

FROM:  16 AMXSICC 

SUBJECT: Notification Memorandum 

DEC 

9  2003 

16 AMXS 

1.  I am recommending your discharge fiom the United States Air Force for misconduct, more 
specifically, for drug abuse.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
chapter 5, section H, paragraph 5.54.  If my recommendation for discharge is approved, your 
service will be characterized as honorable or general.  I am recommending your service be 
characterized as general. 

2.  My reason for this action is based on the following: 

You did, within the continental United States, on or about 15 Sep 03, wrongfblly use 

marijuana, for which you received Nonjudicial Punishment under Article 15, UCMJ on 
7 Nov 03, which was filed in your Unfavorable Information File (UIF). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Courts-Martial jurisdiction or 
a higher authority will decide whether you will be discharged or retained in the Air Force.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force. 

,4. You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to cofisult the Area Defense Counsel, Hurlburt Field, FL, 
Bldg 90042, on  /c 3~ c 03 
own expense. 

at  1030 hours.  You may consult civilian counsel at your 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays 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 on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You are scheduled for a medical examination and you should report to the Hurlburt Clinic, 
Family Health at iDLkc@s  on  O 8 00 for the examination. 

Any Time. . . Any Place 

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 the unit orderly room. 

Commander 

t Col, USAF 

Attachments: 
1.  AF FM 3070, dtd 7 Nov 03 (3pgs.) 
2.  AF FM 1137, Undated (lpg.) 
3.  Documents containing derogatory information--which are not listed on the notification 
memorandum: 

a.  LOR, dtd 23 Aug 02 (2pgs.) 

4.  Airman's  receipt of notification memorandum