. .r.  r.r.nn.-  n."n .HARGE REVIEW BOARD HEARING RECORD 

NITIAL) 

1 

PERSONAL APPEGCE 

RECORD  REVIEW 

NAMEOF COUNSEL AND OR ORGANUATION 

I MEMBER SITTING 

m E X  NUMBER 

A67.70 

2  1  APPLICAIION I . 0 K  RE\'II'W  Or 1)ISCHAROL. 

I.l:'llhR O!' PIOTIFl('A1IOS  1 
DRIEI:OF  PFRSONNEL FI1.F 

COUHSPI'S REIkASE I0 IHE BOARD c 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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. 

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

1  "' 
1 

SAElMRBR 
550 C STREET WEST. SUlTE 40 
RANWLPHAFB, TX 781504742 

saruraY OF r n k  W( )OR(+  P).YSONYEI  COI  KCIL 
A I R  FORCE DLICRARCL Y T \ I P \ I   BOARD 
IUICO*L\LMODKCE  W C G . I R D ~ ~ K  
& * D U N S   A € E M D   10761-RPI 

AFHQ  FORM 0-2077, JAN 00 

(EF-VZ) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUhfBER 

FD-2005-00154 

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  fmds 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 using and importing Clembuterol 
and Testanon (anabolic steroids), Schedule III controlled substances into the customs tenitory of the United 
States, and wrongfully using Sustanon (anabolic steroid) a Schedule Ill controlled substance; and a Letter of 
Reprimand, for failure to appear for traffic court and failing to return to duty.  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 AFB,  MD 

(Former AB) (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Travis AFB, CA on 18 Nov 03 
UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 06 Dec 80. Enlmt Age: 19 5/12.  Disch Age: 22 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-77,  E-70,  G-55,  M-61. PAFSC: 33331 -  Structural Apprentice. 
DAS: 21 May 01. 

b.  Prior Sv:  (1) AFRes 25 May 00 - 06 Jun 00  (12 das) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 7 Jun 00 for 6 years. Svd: 03 Yrs 05 Mo 12 Das, all AMS. 

b.  Grade Status:  AB -  25 Sep 03  (Article 15, 25 Sept 03) 

SrA -  21 Nov 02 
A1C -  21 Jul 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 25 Sep 03, Travis AFB CA -  Article 112a.  You, did, at 

or near San Ysidro, CA, between on or about 1 Sep 02 and 
on or about 15 Nov 02, wrongfully import some amount of 
Clembuterol and Testanon (anabolic steroids), Schedule 
I11 controlled substances, into the customs territory of 
the United States.  You, did, at or near Tijuana, 
Mexico, between on or about 1 Sep 02 and 15 Nov 02 
wrongfully use Sustanon (anabolic steroids), a Schedule 
111 controlled substance.  You, did, between on or about 
1 Sep 02 and 15 Nov 02, on divers occasions, wrongfully 
use Clembuterol and Testonon (anabolic steroids), 
Schedule I11 controlled substances.  Reduced to AB. 
Forfeiture of $575 pay per month for 2 months; and 45 
days extra duty.  (No appeal) (No mitigation) 

e.  Additional: LOR, 11 MAR 02 -  ~ailure to appear for Traffic Court. 

After appearing the following day, failed 
to return to duty. 

f.  CM:  None. 

9.  Record of SV: 07 Jun 01 -  06 Feb 02  Travis AFB  3  (Initial) 
07 Feb 02 -  06 Feb 03  Travis AFB  4  (Annual) 

h .   A w a r d s   &  D e c s :   AFAM,  AFTR,  NDSM,  AFOUA. 

i .   S t m t   of  Sv:  TMS: 
TAMS: 

( 0 3 )   Y r s   ( 0 5 )   Mos 
( 0 3 )   Y r s   (05) Mos 

( 2 4 )   D a s  
( 1 2 )   D a s  

4.  BASIS ADVANCED FOR  REVIEW:  A p p l n   (DD  Fm  2 9 3 )   d t d   5  A p r   0 5 .  

( C h a n g e   D i s c h a r g e   t o  H o n o r a b l e )  

NO  ISSUES  SUBMITTED. 

ATCH 
N o n e .  

DEPARTMENT OF THE AIR FORCE 

60TH CIVIL ENGINEER SQUADRON (AMC) 

24 Oct 03 

CES 

MEMORANDUM FOR 

FROM:  60 CESlCCQ 

191 W Street Building 912 
Travis AFB CA 94535 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct, Drug 
Abuse.  The  authority for this  action  is AFPD  36-32  and  AFI 36-3208,  Chapter  5,  paragraph 
5.54.  If my recommendation is approved, your  service will be  characterized as Honorable or 
Under Honorable Conditions (General). I am  recommending that your service be characterized 
as Under Honorable Conditions (General).  . 

2.  My reasons for initiating this action are: 

a.  Between on or  about  1 Sep  02  and  on  or  about  15 Nov  02,  at  or  near  San Ysidro, 
California, you wrongfully imported Clembuterol and Testanon (anabolic steroids), Schedule Ill 
controlled substances, into the customs territory of the United States, in violation of Article 112% 
UCMJ. 

b.  Between on or about 1 Sep 02 and on or about 15 Nov 02, you wrongfully used Sustanon 

(anabolic steroid), a Schedule III controlled substance, in violation ofArticle 112a, UCMJ. 

c.  Between on or  about  1 Sep 02 and on or  about  15 Nov  02,  on divers occasions, you 
wrongfklly  used  Clembuterol  and  Testonon  (anabolic  steroids),  Schedule  III  controlled 
substances, in violation of Article 112% UCMJ. 

For the misconduct in subparagraphs 2a through 2c, you received an Article 15, dated 25 Sep 03, 
with establishment of an unfavorable information file (UE) on 26 Sep 03.  Punishment consisted 
of reduction to the grade of Airman Basic, forfeiture of $575.00 pay per month for 2 months, and 
45 days extra duty (Tab 1, Atch 1). 

3.  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 are to 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. 

4.  You have the right to consult with an attorney.  Military legal counsel has been obtained to 
assist you.  I have made an appointment for you to  speak with Cap 
Defense  Counsel,  540  Airlift  Drive,  Bldg.  381,  Suite  D- 
94535-2479, DSN 837-4569; Commercial:  (707) 424-4569, on 
You may also consult civilian counsel at your own expense. 

5.  You have the right to submit statements on your, own behalf.  Any statements you  wish the 
separation authority to  consider must  reach me by (three workdays h m  senice of this letter) 
hours, unless you request and receive 

, no later than  083 0 

aq b ~ +  0's 

an extension for good cause.  I wiLl  send the separation authority any documents you submit. 

6.  If  you  fail to  consult counsel  or  submit statements on  your  own  behalf,  your  failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the  orce Health 
M 
the examination 

at  ,400  on  a0 OJ 63  for 

section (formerly physical  EX-~,DGMC, 

8.  Any personal information you furnish in rebuttal will be covered by the Privacy Act of 1974. 
A copy of AFI 36-3208 is available for your use in the Orderly Room. 

9.  Execute the acknowledgment and return it to me immediately. 

Attachment: 
1.  AF Form 3070,25 Sep 03 wtatchs 
2.  Other Pertinent Information 

LOR 11 Mar 02