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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

UITAL) 

TYPE GEN 

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PERSONAL APPEARANCE 

1 

1  KECORDREVIEW 

0KI)kR  APWIVTING THE DOARD  - 
APPLICATION  bOR  KkVIbYI  Ob l)lSCllhRl~L - 

I I  TAPE RECORDING OF PERSONAL APPEARANCE 

1 

HEA,rnG DATE 

31 Aug 2005 

I 

C N E  NWMBER 

FB2005-00209 

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. 

TO: 

SAFMRBR 
55OC STREET WEST, SUITE 40 
RANDOLPH M E ,  TX 78150-4712 

SECRETARY OPTlIE AIRFORCE P m O N N X L  COUNCU 
AIRVORCI. DLFCKhUGE W I E W  B O m  
l%SCOMMAM)D% W: WEYG.3PDU)RaOR 
ANDREWS A*a,MD 10161-7DD1 

AF'HQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00209 

GENERAL:  The applicant appeals for upgrade of discharge to honorable, change the reason and authority 
for the discharge, and to change the reenlistment code. 

The applicant was offered a personal appearance before the Discharge Review Board @RB) 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,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are 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 his discharge is hindering his employment and he is now struggling to make 
ends meet.  The records indicated the applicant received two Article 15s, two Letters of Reprimand, two 
Letters of Counseling, three Records of Individual Counseling, and one Letter of Waming for misconduct. 
His misconduct included wrongful use of marijuana, underage drinking and providing alcohol to Air Force 
members under the legal drinking age, dereliction of duty, financial irresponsibility, not wearing a seat belt 
on multiple occasions, and unauthorized items in dorm room.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  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. 

Issue 2.  Applicant contends that he should not be penalized indefinitely for a mistake he made when young. 
The DRB recognized the applicant was 22 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The Board opined the applicant was 
essentially the same age as other first-term members who properly adhere to the Air Force's standards of 
conduct.  The DRB concluded that the characterization of the applicant's discharge was appropriate due to 
the misconduct. 

Issue 3.  The applicant noted his desire to return to military service.  While the Board commends applicant 
on his aspiration, it is not a matter of equity or propriety with regards to his discharge and does not provide a 
basis that warrants 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 A I R   FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AB)  (HGH SRA) 

1.  MATTER UNDER  REVIEW:  Appl rec'd  a GEN Disch fr Holloman AFB, NM  on 24 Dec 03 
UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  ~ppeals for Honorable 
Discharge, and to Change the RE Code, Reason and ~uthority for   is charge. 

2 .   BACKGROUND: 

a. DOB: 15 Jan 81. Enlmt Age: 18 2/12.  Disch Age: 22 11/12. Educ: HS DIPL. 
AFQT: N/A.  A-63,  E-66,  G-66,  M-64. PAFSC: 2A652 - Aerospace Ground Equipment 
Journeyman. DAS: 1 Aug 02. 

b.  Prior Sv: (1) Enlisted USAFRes as A1C 22 Mar 99 for 6 yrs.  Svd: 2 yrs 

2 months 21 days, of which AMS is 10 Months 1 day.  SrA -  1 Sep 00. 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as Amn  12 Jun 01 for 4 yrs. Svd: 2 Yrs 6 Mo 12 Das, all AMS 

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

A1C -  12 Apr 02 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 25 Nov 03, Holloman AFB, NM -  Article 92.  You, who 

knew or should have known of your duties, on or about 21 
Oct 03, were derelict in the performance of those duties 
in that you negligently failed to refrain from falling 
asleep while on duty, as it was your duty to do. 
Article 112a.  You did, at or near Alamogordo, New 
Mexico, between on or about 1 Mar 03 and on or about 31 
May 03, wrongfully use marijuana.  Reduction to AB. 
Suspended forfeiture of $150.00 pay per month for 2 
months.  Fourteen days restriction, and a reprimand. 
(No appeal) (No mitigation) 

(2) 23 Dec 02, Holloman AFB, NM  -  Article 92.  You, who 

knew or should have h o w n  of your duties, on or about 25 
Nov 02, were derelict in the performance of those duties 
in that you willfully failed to refrain from providing 
alcohol to Air Force members under the legal drinking 
age of 21, as it was your duty to do.  Suspended 
reduction to Amn.  Forfeiture of $619.00 pay per month 
for 2 months.  Restriction to base for 60 days and 
Reprimand.  (No appeal) (No mitigation) 

e.  Additional: LOC, 25 MAR 03 -  Unauthorized items in dorm room. 

LOR, 08 APR 02 -  Inoperative headlight on motorcycle and 

not wearing proper reflective vest/outer 
garment. 

LOR, 15 MAR 02 -  Dereliction of duty. 
LOW, 11 MAR 02 -  Cited for speeding. 
RIC, 19 FEB 02 -  Financial irresponsibility. 
RIC, 19 FEB 02 -  Late for duty. 
RIC, 25 JAN 02 -  Not wearing a seat belt. 
LOC, 23 JAN 02 -  Failure to report damage to bench stock. 

f .  CM:  None 

g.  Record of SV: 11 Aug 00 -  11 Apr 02  Holloman AFB  3  (Initial) 
12 Apr 02 -  11 Apr 03  Holloman AFB  4  (Annual) 

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

i.  stmt of Sv:  TMS:  (4) Yrs  ( 9 )   Mos  (3) Das 

TAMS: (3) Y ~ s  (4) MOs  (14) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm 293) dtd 20 Apr 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

Issue 1:  I am requesting an upgrade in order to rejoin the military  (Air 

Force).  I was young and stupid, and I did not realize how good I had it.  I now 
am married and have a 5 month old son, and I cannot get a well paying job, and 
in the best intrest  (sic) of me and my family I want to rejoin the Airforce 
(sic).  For the past 6 months I've been strugleing (sic) to make ends meet and 
keep food on the table, but I'm making it.  I've learned the errors of my ways 
and want the best for my  family.  Thank you for your time in reading and 
considering my application for discharge upgrade. 

ATCH 
1. DD Form 214. 
2. Three Character References. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS  49TH FIGHTER WING  (ACC) 
HOLLOMAN AIR FORCE BASE, NEW MEXICO 

FROM:  49 MXSICC 

SUBJECT: Letter of Notification 

1. I am recommending your discharge !?om  the United States Air Force for drug abuse.  The 
authority for this action is AFI 36-3208, Section 5H, paragraph 5.54.  Ifmy recommendation is 
approved, your service will he characterized as honorable or as under honorahle conditions 
(general).  I am recommending that you receive an under honorahle conditions (general) 
discharge senice characterization. 

.~ . 

2.  My reasons for this action are as follows:  You did, at or near Holloman Air Force Base, New 
Mexico, between on or about 1 March 2003 and on or about 3 1 May 2003, wrongfully use 
marijuana.  For your misconduct, you received Article 15 punishment on 25 November 2003, 
punishment consisting of reduchon to the grade of Airman Basic with a new date rank of 
25 November 2003, forfeiture of $150.00 pay per month for 2 months, suspended through 
24 May 2004, restriction to the limits of Holloman Air Force Base, New Mexico for 14 days and 
a Reprimand. 

Copies of the documents to be fonvarded to the separation authorityin support of tbis 
recommendation are attached.  The commander exercising Special Court-Martial 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 he 
ineligible for reenlistment in the Air Force, will probably he denied enlistment in any component 
of the armed forces, and any special pay, bonus, or education assistance funds may he subjected 
to recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you.  I have made a n  appointment for you to consult Area Defense Counsel, Building 222, 
Holloman AFB, phone 572-3474, at I 
civilian counsel at your own expense. 

hours on S ~ e c e m b e r  2003.  You may consult 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by f,&c.>+nless  you request and receive an 
extension for good cause shown.  I will forward your statements to the separation authority. 

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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, 
Bldg 17, at fi& 

December 2003 for the examination. 

hours on 

7.  Any personal information you hrnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in the office of the Area Defense Counsel. 

8.  You must execute the attached receipt and return it to me immediately.  This receipt does not 
admit or deny any of the allegations against you, nor does it mean that you agree with the 
discharge action.  It is simply an aclcnowledgment that you have received this Letter of 
Notification. 

SAF 

Attachments: 

1.  LOE, dated 20 November 2003 (1 page) 
2.  Article  15, dated 17 November 2003 (3 pages) 
3.  Article 15,  dated 11 December 2002 (3 pages) 
4.  LOC, dated 25 March 2003 (1 page) 
5.  LOR, dated 8 April 2002 (2 pages) 
6.  LOR, dated 15 March 2002 (2 pages) 
7.  LOW, dated 11 March 2002 (2 pages) 
8.  LOC, dated 19 February 2002 (1 page) 
9.  LOC, dated 19 February 2002 (1 page) 
10. LOC, dated 25 January 2002 (1 page) 
11. LOC, dated 23 January 2002 (2 pages)