NAME OF SER\'ICE  RIER.IRER (LAS'I', FIRST MIDDLE INI'I'I 11.) 

GKAIIE 

(  AFSNISSAN 

AIR FORCE I)ISCIlARGE  IiEVlEW BOARD HEARING RECORD 

PERSONAL-APPEAI~ANCE 

-.. -,, ..... 

..... 

AND OR 0RGANIZAI.ION 

M EMBER SITTING 

. 

.- 

.- 

.............. 

".-- 

. 

.............. 

.........-...... 

, 

ON OF  COIINSEL 

- 
VOTE OF THE BOARD 

-- 

......... 

-.  .  - 

INDEX NUMBLII 

A66.00 

API'I.I(.~ATION  FOR REVIEW O F  DISC'] IARGE 

OF NOI~IFICA'~ION 

I  HEARING  DATE 

1 
I 

BRIEF OF PERSONNEL FILE 
(:OUNSEL'S  RELEASE T O  TIIE BOARD 
ADDITIONAL EXHIBITS SIJBM1T'I'F.D  A.1- 'SIME  OF 
PERSONAL,  APPEARANCE 
I  I N t  KECORDIN(i OF PFRSONAI  APPFAIZAN('F 

- -- 

- . -.  , . - ,- 

,.  . , 

I 

08 D ~ c  2005 
APPLICANT  S ISS-  AND THE BOARD'S IlEClSlONAL RATIONAL ARE DISCUSSED ON THZ ATTACHED  ZIK FORCE DISCHARGE KtVlEW BOAR11 DECISIONAI,  RATIONALI 

FD-2005-00217 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal  appearance with/without counsel, and the right to 
subrriit an application to the AFBCMR 

....  '.. ......... -. 

..... 

SAFIMRRR 
550 C‘  STREEI WEST, SUITE 40 
k4NDOI.PH  AFR. 'TX  78 150-3742 

SECRETARY OF I'IIE AIR FORCE PERSONNEL COI'NCII, 
AIR FORCE DISCHARGE REVlEW BOARD 
1535 COMRIAND DR. EE WING, 3RD FLOOR 
ANDREWS APE, Mi) 20761-7QQt 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will bc used 

- 
AIR FORCE DISCHARGE KEVlEW HOARD UECISlONAL RATIONALE 

CASF NlIMHbK 

FD-2(,()5-()0217 

GENERAL:  Thc applicant appeals for ilpgradc of discharge to honorablc. 

The applicant was offered a personal  appearance berorc the Discharge  Review Board  (1)KR)  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. 

Thc  Board  finds  that  neither  the  evidencc  of  record  nor  that  providcd  by  the  applicant  substantiates an 
inequity or impropriety that would justify  a change of discharge. 

ISSIJE:  Applicant  does not  contest his discharge.  lie stales that  he has had  a clcail record  with no  lilrtllcr 
legal implications and that he would  like to regain  beileiits previously denied him due to his discharge.  '['he 
records  indicated  the  applicant  rcceived  an  Article  15  for  wrongfully  using  marijuana  on  two  separate 
occasions.  In  addition,  he  received  three Lctters of Reprimand  and  four  Records of Individual  Counseling 
for failure to go and  for missing an appointment.  The DRB opincd that through these administrative actions, 
the applicant had ample opportunities to change his negativc behavior.  The Board concluded the misconduct 
was  a  significant  departure  Srom  coilduct  expccted  of  all  military  members.  The  characterization  of' the 
discharge rcceived  by  the applicant was found to be appropriatc. 

CONCLUSIONS:  The  Discharge  Iicview  Board  concludes  that  thc  discharge  was  consistent  with  the 
procedural  and  substantive  requireinents  of  the  discharge  regulation  and  was  within  the  discretion  of  the 
discharge authority and that the appIicant 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 bc changed. 

Atlachmcnt : 
Examiner's Brief 

- 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DLSCKARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A l C )   (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Grand Forks AFB, ND on 1 3  Dec 
9 6   UP  AFI 3 6 - 3 2 0 8 ,   para 5 . 5 4   (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Jul 7 4 .   Enlrnt Age: 1 7   9 / 1 2 .   Disch Age: 22 5 / 1 2 .   Educ: H S   DIPL. 

E - 5 7 ,   G-36,  M-57. PAFSC: 2A531G  -  Logistics Plans 

AFQT: N/A.  A-50, 
Apprentice.  DAS: 23 May 9 4 .  

b.  Prior Sv:  (1) AFRes 28 Apr 92  -  1 3   Dec 9 2   ( 7  months 1 6   days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 14 Dec 9 2   for 4   yrs. Svd: 4   Yrs 0 Mo 0 Das, all AMS. 

b.  Grade Status:  A1C  -  19 Sep 9 6   (Article 1 5 ,   1 9   Sep 96) 

SrA -  14 Dec 9 5  
A1C  -  Unknown  (EPR indicates: 1 4   Dec 9 2   -  13 Oct 9 4 )  
Amn -  1 4  Jun 9 3  

c.  Time Lost:  None. 

d.  Art  1 5 ' s :   (1) 1 9   Sep 9 6 ,   Grand Forks AFB, ND -  Article 1 1 2 a .   You 

did, between on or about 1 Sep 9 5   and on or about 3 0   Sep 
9 5 ,   wrongfully use marijuana.  You did, at or near 
Winnipeg, Manitoba, Canada, on or about 10 Oct 9 5 ,  
wrongfully use marijuana.  Reduction to AB  (in excess of 
reduction to the grade of A1C suspended). (No appeal) 
(No mitigation) 

e.  Additional: LOR, 26 MAR 9 6   -  Failure to go. 
LOR, 28 NOV 9 5   -  Failure to go. 
RIC, 11  OCT 9 5   -  Late for work. 
LOR, 05 JUL 9 5   -  Late for work. 
RIC, 1 2   MAY 9 5   -  Missed appointment. 
RIC, 1 7   NOV 9 4   -  Leaving work without authority. 
RIC, 20 OCT 9 4   -  Late for work. 

f.  CM:  None. 

g .   Record of SV: 1 4   Dec 92 -  13 Oct 94  Grand Forks AFB  5  (Initial) 

1 4   Oct 94  -  13 Oct 9 5   Grand Forks AFB  3  (Annual) 
14 Oct 95 -  1 3   Oct 9 6   Grand Forks AFB  2  (AnnualIREF 

h.  Awards &  Decs:  AFTR, SWASM W/1 DEV, NDSM, AFOUA W/l DEV, AFGCM, 

AFLSAR . 

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

( 4 )   Yrs  ( 7 )  Mas  (16) Das 
( 4 )   Yrs  ( 0 )   Mos  ( 0 )   Bas 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) d t d   2  Sun 0 5  

(Change Discharge to Honorable) 

Issue 1:  I wish to have my discharge upgraded from General to Honorable. 

I've had a clean record, no further legal implications. 

Issue 2:  Id like to regain benefits previously denied me due to my 

discharge. 

ATCH 
None. 

I 
I 

i 
DEPARTMENT O F  THE AIR FORCE 
HEADQUARTERS, 3 1 QTH AIR  REFUELING WING (AMC) 

GRAND FORKS AIR FORCE BASE. NORTH DAKOTA 

9 DEC 1996. 

FROM:  3 19 AGSICC 

SUBJECT:  Notification Letter 

I.  I am recommending your discharge from the United States Air Force for drug abuse.  The 
authority for this action is AFI 36-3208, paragraph 5.54.  If my  recommendation is approved, 
your service will be characterized as general. 

2.  My reason for'-this action is: 

You did, at or near Grand Forks, North Dakota, between on or about 1 Sep 1995 and on 

or about 30 Sep 1995, wrongfully use marijuana. You did, at or near Winnipeg, Manitoba, 
Canada, wrongfully use marijuana.  For this misconduct, you were punished under Article  15 on 
17 Sep 96.  Punishment consisted of reduction to the grade of Airman Basic, but that portion of 
the punishment in excess of reduction to Airman First Class was suspended. 

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 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 reenlistment in the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
You have been scheduled an appointment at the Office of the Area Defense Counsel at Building 
21 6 on 3 &q  6 at \ L w  hours.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 6 
and receive an extension for good cause shown.  I will send them to the separation authority. 

c 96 at  i53 O  hours unless you request 

6 .  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. 

7.  You have been scheduled fox a medical examination.  You must report to the 3 19th Medical 
Group on6b*qG  at 0730 hours for the examination. 

8.  Deliver to me immediately your military identification card and those of your dependents.  I 
have requested that temporary identification cards be issued IAW AFI 36-3001, paragraph 4.2. 
You will report to me by  COB d b e q  to verify that issuance of Temporary Identification Card(s) 
has been accomplished. 

.*  I ,  

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act Statement as 
explained in the attachment to this letter.  A copy of AFI 36-3208 is available for your use in the 
squadron orderly room. 

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

5  Attachments: 
1.  Privacy Act Statement 
2.  Supporting Documents 

k i c l e  15 dated 17 Sep 96 

3.  Other Derogatory Data 
4.  Respondent's  Case 
5.  Personnel Data