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AF | DRB | CY2005 | FD2005-00111
Original file (FD2005-00111.pdf) Auto-classification: Denied
\ 

1 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I 
I 

MEMBER SITTING 

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. 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

-- 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD~2005~00111 

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 applicant submitted no issues contesting the equity or propriety of the discharge.  The records 
indicated the  applicant received  an  Article  15 for misconduct. The misconduct  included wrongfully using 
marijuana. 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. 

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 APB,  MD 

(Former AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Barksdale AFB, LA on 22 Dec 
95 UP AFI 36-3208, para 5.52.3  (Pattern of Misconduct -  ~omrnission of a Serious 
Offense).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 16 Jul 72.  Enlmt Age: 20 1/12.  Disch Age: 23 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-65,  E-49,  G-48,  M-63. PAFSC: 2A635 - Aircraft Pneudraulic 
Systems Apprentice. DAS: 7 Dec 94. 

b.  Prior Sv:  (1) AFRes 1 Sep 92 -  30 Nov 92 (3 months) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 1 Dec 92 for 4 yrs.  Extended 30 Jun 94 for 5 months. 

Svd: 3 Yrs 0 Mo 22 Das, all AMS. 

b.  Grade Status:  +AB -  14 Nov 95 (Article 15, 14 Nov 95) 

A1C -  1 Apr 94 
Amn  -  (EPR Indicates): 1 Dec 92-31 Jul 94 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 14 Nov 95, Barksdale AFB, LA -  Article 112a.  From 

about 15 Aug 95 TO ABOUT 15 Sep 95, within the 
continental United States, you wrongfully used 
marijuana, a Schedule I controlled substance.  When 
questioned by Special Agent Carolyn Myers of the OSI, 

itted to smoking marijuana with A1C 
hile on leave in the state of Flori 

stated you were handed the marijuana cigarette by a 
friend and only took a few hits of it.  Reduction to AB. 
(No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 1 Dec 92 -  31Jul 94  Griffiss AFB  4  (Initial) 
1 Aug 94 -  31 Jul 95  Barksdale AFB  4  (Annual) 

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

i.  Stmt of Sv:  TMS:  (3) Yrs  (3) Mos  (22) Das 

TAMS: (3) Yrs  (0) MOS (22) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 7  Mar 05. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 2D BOMB WING (ACC) 
BARKSDALE AIR  FORCE BASE, LOUISIANA 

i s DEC  B95 

FROM:  2 MXSICC 
SUBJECT:  Notification Letter - Administrative Discharge 

1.  I am recommending your discharge from the United Stafes Air Force for Commission of a 
Serious Offense.  The authority for this action is AFPD 36-32 and AFI 36-3208, para 5.52.3.  If 
my recommendation is approved, your service will be characterized as under honorable 
conditions (general) or honorable.  I am recommending that your service be characterized as 
under honorable conditions (general). 

2.  My reason for this action is: 

a.  From about 12 Aug 95 to about 15 Sep 95, you wrongfully used marijuana, a Schedule 1 

controlled substance, as evidenced by an Article 15, dated 28 Nov 95 (atch 1). 

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 re-enlistment in the Air Force. 

Area Defense Counsel for Barksdale Air Force 
3.  Military legal counsel, Cap 
Base, Extension 6-8355,'~uildin~ 4714 (gym annex building), third floor, has been obtained to 
assist you.  An appointment has been scheduled for you to consult him on 14 Dec 95 at 13 15 hrs. 
You may consult civilian counsel at your own expense. 

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

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to Flight Medicine, 
Building 451, at 0730 hours on 14 Dec 95 for the examination 

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 your unit Orderly room. 

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

Commander, 2 MXS-.- 

Attachments: 
1.  Article 15, dated 28 Nov 95 
2.  Receipt of Notification 



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