I 

-  - -   - - - 

- 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

--"""" 

" APT  FIRST MIDDLE INITIAL) 

I 

-- 

MEMBER SITTING 

ISSUES  A93.17 

1  I  ORDER APPOINTING THE BOARD 

3 
4 

LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 

-3 

PERSONAL APPEARANCE 

HEARING DATE 

(  26 Aug 2005 

CASE NUMBER 

1  FD-2005-00183 

I 

I 

I 

TAPE RECORDING OF PERSONAL APPEARANCE 

Case heard at Washington, D.C. 

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. 

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

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PERSOMYEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WMG, 3RD n O O R  
ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

r 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-f 005-00183 

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. 

ISSUES: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article 15 for wrongfully possessing and use of marijuana.  The Board concluded the 
misconduct was a significant departure from conduct expected of all military members.  The Board also 
noted the applicant was age 24 and on his second enlistment when his misconduct occurred and there is no 
indication he did not know right from wrong.  The characterization of the discharge received by the applicant 
was found to be appropriate. 

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 
December 29,  1997) that he understood he must receive an Honorable discharge to receive future 
educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on 
the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

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 AlC)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr Los Angeles AFB, CA on 2 Oct 
04 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Oct 79. Enlmt Age: 17 10/12. Disch Age: 24 11/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-71,  G-94,  M-68. PAFSC: 4Y051 - Dental Assistant 
Journeyman. DAS: 18 Aug 02. 

b.  Prior Sv:  (1) AFRes 27 Aug 97 -  17 Dec 97 (3 months 21 days) (Inactive). 

17 days, all AMS.  AMN  -  18 Jun 98.  A1C -  18 Apr 99.  SrA -  18 Dec 00.  EPRs: 
4,4,4. 

(2) Enlisted as AB  18 Dec 97 for 6 yrs.  Svd: 4 yrs 4 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 3 May 02 for 4 yrs. Svd: 2 Yrs 5 Mo 0 Das, all AMS. 

b.  Grade Status:  A1C -  9 Aug 04  (Article 15, 9 Aug 04) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 9 Aug 04, Los Angeles AFB, CA -  Article 112a.  You, 

did, at or near Fort MacArthur, San Pedro, California, 
on or about 10 Jun 04, wrongfully possess 15.92 grams of 
marijuana, a schedule(1) controlled substance in or at a 
housing facility used by the armed forces or under the 
control of the armed forces, to wit: building 33, room 
216.  You did, at or near Fort MacArthur, San Pedro, 
California, on or about 10 Jun 04, wrongfully use 
marijuana in or about a housing facility used by the 
armed forces or under the control of the armed forces, 
to wit: building number 33, room 216.  Reduction to AlC. 
(No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 18 Aug 01 -  02 Jul 02  Lackland AFB 

3  (CRO) 

03 Jul 02 -  02 Jul 03  Los Angeles AFB  5  (Annual) 
03 Jul 03 -  02 Jul 04  Los Angeles AFB  1  (Annua1)REF 

h.  Awards &  Decs:  AFTR, AFLSAR W/1 DEV, NDSM, NCOPMER, AFOUA W/1 DEV, 

AFGCM W/1 DEV. 

i.  Stmt of Sv:  TMS:  (7) Yrs  (1) Mos  (6) Das 

TAMS:  ( 6 )  Yrs  (9) Mos  (15) Das 

4.  BASIS ADVANCED FOR RFVIEW:  Appln (DD Fm 293) dtd 29 Apr 05. 

(Change Discharge to Honorable) 

Issue 1:  I request an upgrade for the purpose of obtaining MGIB benifits 

(sic) to pursue a dental hygiene career and a business degree to aid in me 

'becoming a sucessful (sic) entrepreneur. 

ATCH 
1. Four Training Certificates. 
2. Certificate of Recognition. 
3. Six Letters of Appreciation. 
4. Eight Training Certificates. 

DEPARTNIENT OF THE AIR FORCE 

61 MEDICAL SQUADRON 

LOS ANGELES AIR FORCE BASE, CALIFORNIA 90245 

FROM:  61 MDS 

SUBJECT:  ~otification Memorandum --Board Hearing 

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, Military Retirements andSeparations, and 
AFI 3 6-3208, Administrative Separation of  Airnzen, paragraph 5.54.  Copies of the documents to be 
forwarded to the separation authority to support this recommendation are apached. 

2.  My reason for this action is: 

a.  Your wrongful possession of marijuana, a Schedule I controlled substance, on or about  10 

June 2004, for which you received an Article 15, dated 9 August 2004; and 

b.  Your wrongful use of marijuana, a Schedule.1 controlled substance, as evidenced by a 

positive uri'nalysis result on  10 June 2004, for which you received an Article  15, dated 9 August 
2004. 

3.  This action could result in your separation with an Under Other Than Honorable Conditions 
(UOTHC) Discharge.  I am recommending that you receive an Under Other Than Honorable 
Conditions WOTHC) Discharge.  The commander exercising special court-martial jurisdiction  or a 
higher authority will make the final decision in this matter.  If you are discharged, you will be  . 
ineligible for reenli'strnent in the United States Air Force and will probably be denied enlistment in 
any component of the armed forces. 
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 hoard hearing. 

d.  Submit statements in your behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before making a decision to waive 
any of your rights. 

7 

5:  You have been scheduled for a medical examination.  You must report to 61 MDS on 19 Aug 
2004, at 1300 hours for the examination. 

I 

6.  You have the right to consult counsel.  Military 1 
have mad  an appointment for you to consult Captai 

& 

n obtained to assist you.  I 
 
, on ,

&

&

at 

hours.  Instead of the appointed counsel, you may have another, if the lawyer you 

request is in the active military service and is reasonably available as determined according to AFI 
5 1-20 1, Administration of Miilita~y Justice. In addition to military counsel, you have the right to 
employ civilian counsel. The Military Component does not pay expenses incident to the 
employment of civilian counsel. Civilian counsel, if employed, must be readily available. 

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 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.  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 AF Pubs. 

9.  If you request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

10.  If you received advanced educational assistance, special pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment. 

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

rC 

Attachments:. 
1.  Article 15, dated 9 ~ u ~ u s t  
2004 
2.  Member's  response to Article 15 
3.  AMJAMs rip 
4.  Urinalysis Report 
5.  Receipt of Notification Memorandum