NAME O F  SERVICE MEMBER (IAST, FIRST MIDDLE INITIAI,) 

GRADE 

AIR FORCE DISCHARGE REVIE\\'  BOARD HEARING RECORD 

rYPE  GEN 

I 

I 

I 

PERSONAL APPEARANCE 

AB 
I 

I 

IX 

RECORDREVIEW 

NAME OE  COUNSEL A h D  OR ORGANIWTION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 
X 

I 

I 

MEMBER SITTING 

'kg. 

8 %  

HON 

I 

s  VOTE OF THF'BOA@Jl  : - 
GEN 

I  UOTHC 

OTHER 

I  DENY 

ISSUES 

A93.17 

INDEX NULIBER 

It66.00 

HEARING DATE 

CASE NUMBER 

I 

1 
2 
3 
4 

I 

.  .  EXHLBITS SUSMlTTED TO THE BOARD 
ORDER APPOINTING  THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRlEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING  OF PERSONAL APPEARANCE 

09 Nov 2005 
M P L I C W S  ISSUE AND THE  BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

I 

I  FD-2005-00193 

I 

I 

I 

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. 

SIGNATURE OF RECORDER 

LMDA  F  BROWER,  MSGT, %AF 

RANDOLPH AFB. TX 78150-4742 

ANDREWS AFB, MD 10762-7001 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE KEVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00193 

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  applicant  substantiates  an 
impropriety that would justify a change of discharge. 

ISSUE:  Applicant contends discharge was inequitable because certain statements gathered were written 
under false pretenses that those involved who cooperated with local authorities would not serve any jail  time, 
when in fact, all those involved (with the exception of the applicant) were convicted and served time in 
prison.  Additionally, the member states he submitted to a urinalysis that came up clean and permitted a 
search of his domicile which showed no signs of possession.  The records indicated the applicant received 
three Article 15s.  His misconduct included wrongfully allowing a civilian to sleep in his dorm room, 
underage drinking, and wrongful use of 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 AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Randolph AFB, TX on 18 Jul 02 
UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 14 Jul 81.  Enlmt Age: 18 7/12.  Disch Age: 21 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-68,  G-55,  M-60. PAFSC: 2E031 -  Ground Radar Systems 
Apprentice. DAS: 18 May 01. 

b.  Prior Sv: (1) AFRes 26 Feb 00 -  13 Jun 00 (3 months 18 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 14 Jun 00 for 4 yrs. Svd: 2 Yrs 1 Mo 5 Das, all AMS. 

b.  Grade Status:  AB -  12 Oct 01 (Article 15, 12 Oct 01) 

Amn  -  14 Dec 00 

c.  Time Lost:  None 

d.  Art 15's:  (1) 28 May 02, Spangdahlem AB, Germany -  Article 112a.  You 
did, at or near Maastricht, The Netherlands, between on 
or about 1 Oct 01 and on or about 31 Oct 01, wrongfully 
use marijuana.  Fourteen days restriction, and 14 days 
extra duty. (No appeal)  (No mitigation) 

(2) 12 Oct 01, Spangdahlem AB, Germany -  Article 92.  You 

did, between on or about 1 Aug 01 and on or about 15 Sep 
01, fail to obey a lawful general regulation, to wit: 
paragraph 3.1.5, SABI 32-6001, dated 4 May 01, by 
wrongfully permitting 
dormitory room.  Reduction to AB.  Fifteen days 
restriction, and 15 days extra duty.  (No appeal) (No 
mitigation) 

to sleep in your 

(3) 29 Jan 01, Keesler AFB, MS -  Article 92.  You, who knew 
of your duties, on or about 15 Dec 00, were derelict in 
the performance of those duties in that you willfully 
failed to abide by Second Air Force Phase Program 
restrictions, by  failing to refrain from drinking 
alcoholic beverages while under age 21, as it was your 
duty to do.  Further, you, who knew of your duties, on 
or about 15 Dec 00, were derelict in the performance of 

those duties in that you willfully failed to abide by 
Second Air Force Phase Program restrictions, by failing 
to refrain from consuming alcoholic beverages while in 
the 338 Training Squadron dorms, as it was your duty to 
do.  Forfeiture of $584.00 pay per month for 2 months. 
(No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 14 Jun 00 -  14 Feb 02  Spangdahlem AB  2  (1nitial)REF 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (4) Mos  (23) Das 

TAMS:  (2) Yrs  (1) Mos  (5) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 6 May 05. 

(Change Discharge to Honorable) 

Issue 1:  The statements that were gathered were written under false 

pretenses that those involved who cooperated with local authorities would not 
serve any jail time.  When in fact, all those involved were convicted, excluding 
myself, and sentenced to serve a required amount of time in prison.  The sole 
reason I was ever implicated with any kind of involvement, was purly based on an 
corroboration of statements that were entirely based on false pretenses.  During 
the investigation I did all that was asked by authorities, I submitted a 
urinalysis that came up clean  (negative) for any signs of drug abuse, and also 
permitted a search of my domicile, that also showed-no signs of possession nor 
abuse. 

ATCH 
None. 

MEMORANDUM FOR Al3 

FROM:  606 ACSICC 

SUBJECT: Notification Letter 

1.  I am recommending your discharge from the United States Air Force for Drug Abuse.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54.  If my 
recommendation for discharge is approved, your service will be characterized as honorable or 
general (under honorable conditions).  I am recommending that your service be characterized as 
general (under honorable conditions). 

2.  My reason for this action is:  Between on or about 1 Oct 01 and 3 1 Oct 01, you wrongfully 
used marijuana.  For this infraction, you received Article 15 Nonjudicial Punishment on 28 May 
0 1.  Your punishment included 14 days restriction, and 14 days extra duty  (Atch 1). 

3.  Although the basis for this discharge is Drug Abuse, the following derogatory information is 
relevant in characterizing your service. 

a.  On or about 15 Dec 00, you were derelict in the performance of duties in that willfully 
failed to refrain from drinking alcoholic beverages while under the age of 21.  For this 
infraction, you received Article 15 Nonjudicial Punishment on 29 Jul01.  Your punishment 
included forfeiture of $584.00 pay per month for 2 months and an Unfavorable Information 
File was created (Atch 2 & 3). 

b.  Between on or about 1 Aug 01 and 15 Sep 01, you failed to obey a lawfUl regulation by 
wrongfblly permitting 
sleep in your dormitory room.  For this infraction, 
you received Article 15 Nonjudicial Punishment on 12 Oct 01.  Your punishment included 
reduction to the grade of E-1 (Airman Basic), with a new date of rank of 12 Oct 01,15 days 
restriction and 15 days extra duty  (Atch 4). 

4.  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 and any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

5.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you with 

, Spangdahlem Al3, 

Germany, DSN 452-6607, on TBD at TBD hours.  You may consult civilian counsel at your own 
expense. 

6.  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 duty days, unless you request and 
receive an extension in writing for good cause shown.  I will send them to the separation 
authority. 

7.  If you fail to consult counsel or to submit statements on your own behalf within the time 
period prescribed, it will constitute a waiver of your right to do so. 

8.  You have been scheduled for a medical examination.  You must report to the 52d Medical 
Group, PHYSICAL EXAMS ELEMENT on TBD at TBD hours.  An appointment has also 
been made at FAMILY PRACTICE on TBD at TBD hours. 

9.  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 the Commander's  Support Staff office. 

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

Attachments: 
1.  AF Form 3070,28 May 02 
2.  UIF,  15 Dec 00 
3.  AF Form 3070,29 Jul0 1 
4.  AF Form 3070,12 Oct 01 
5.  Airman's Receipt of Notification Letter, located at Tab 2