NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

A O C N I C C  A N 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE EKE) 

YLK3UNAL A ~ ~ P I A ~ A I ' I C E  

CO"?% 

* 

NAME OF COUNSEL AND OR ORGANIZATION 

x 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 

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MEMBER SITTING 

- 

HON 

,..: 
I 

VOTE O,F'T@E BOARD 

GEN 

I  UOTHC 

e A 

I  OTHER 

ISSUES  A95.00 

- 

INDEX NUMBER 

A68.00 

HEARING DATE 

CASE NUMBER 

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1 
2 
i  3 
4 

1 

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EXHIBITS SUBMI'ITED TO THE BOARD 

. . . . . . - . . 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

DENY 

-1 

1 

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I 

15 Dec 2005 
APPLICANT'S ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON 

FD-2005-00224 

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I 

1  Case heard at Washington, D.C. 

ATTACKeD AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL R A T I O N U  

I 

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 O F m O R D E R  

.  . 

1 
I ---.?A-rrnr 

nn o n r o n  &+crnrhlw 

/ 7  

1  "  550 C STREET WEST, SUITE 40 
) 

RANDOLPH AFB, TX 78150-4742 

SAFIMRBR 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

AFHQ FORM 0-2077, JAN 00 

I 
(EF-V2) 

Previous edition will be used 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a BCD Disch fr Davis-Monthan AFB, AZ on 11 
Feb 05 UP SPCMO No.11  (Conviction by Court Martial -  Drug Related Offenses). 
Appeals for General Discharge. 

2.  BACKGROUND: 

a. DOB: 18 Aug 79. Enlmt Age: 22 11/12.  Disch Age: 25 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-56,  G-53, M-61. PAFSC: 3M031 -  Services Apprentice. 
DAS: 4 Aug 03. 

b.  Prior Sv: (1) AFRes 24 Jul 02 -  9 Dec 02  (4 months 16 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 10 Dec 02 for 6 yrs. Svd: 2 Yrs 2 Mo 2 Das, of which AMS 

is 2 yrs 2 months 0 days  (excludes 2 days lost time). 

b.  Grade Status:  AB -  20 May 04 (SPCMO No.11, 17 Jun 04) 

A1C -  26 Jan 03 

d.  Art15's:  None. 

e.  Additional: None. 

f.  CM:  Special Court Martial No.11 -  17 Jun 04 

CHARGE:  Article 112a.  Plea: Guilty.  Finding: Guilty. 

Specification 1:  In that 
the State of Arizona, on 
marijuana.  Plea: Guilty.  Finding: Guilty. 

- 

did, at or near 

Specification 2:  In th 
the State of Arizona, o 
methamphetamine.  Plea: Guilty.  Finding: Guilty. 

did, at or near 

Specification 3:  In that 
the State of Arizona, on o 
methamphetamine.  Plea: Guilty.  Finding: Guilty.  Sentence 
adjudged on 6 May 2004 by military judge alone:  Confinement for 5 
months, reduction to AB, and a bad conduct discharge. 

did, at or near 

I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE  I FD-2005-00224 

CASL N U M B L K  

1 

GENERAL:  The applicant appeals for upgrade of discharge to general. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

I The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.  I 
I FINDINGS:  Upgrade of discharge is denied. 
I 

The Board finds 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:  Applicant did not  submit any issues.  The records indicated the applicant received a Bad Conduct 
Discharge  for  drug related  offenses  as determined  by  a  Special  Court Martial.  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. 
1  Attachment: 
Examiner's Brief 

I 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (2) Yrs  ( 6 )   Mos  (19) Das 

TAMS: (2) Yrs  (2) Mos  (0) Das 

t 
4.  BASIS WVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 17 May 05. 

(Change Discharge to General) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

1 

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07/06/2005  12: 18 

2024048755 

PAGE  04/05 

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DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 3 5 5 l I I  WING (ACC) 

DAVIS-MONTHAN AIR FORCE BASE, ARIZONA 85707 

special, court-~artial Order 
No. 'f 1 

17 June 2004 

,355th S*ces 
following offense at a court-martial convened by this headquarters. 

Squadron was arraigned at Davis-Monthan Air Force Base, Arizona, on the 

.  . .   . 

. 

nited States Air Force, 

.  - 

' CHARGE: Article 112a  Plea:  G;  Finding:  G. 

Air Force, 355th Servicezquadmn, Davis-Monthan Air Force Base, Arizona, did, at or near the 
State of Atizoha, on or about 6 November 2003, wrongfidly use marijuana. Plea:  G  Finding:  G 

State o f  Axizona, on or about 6 Novmber 2003, wkongfully use methamphetamine. Plea:  Ct. 
Finding:  G 

. 

. 

. 

Specification 3:  In that 
Air Force, 355th Sgyic 
State of Arizona, on or about 8 November 2003, wrongfhlly use methamphetamine.  Plea:  G 
Finding:  G 

United States 
d, at or n&r the 

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, 

SENTENCE 

S q t p c e  adjudged qn 6 May2004 by military judge alone:  Confinement for 5 months, reduction 
to E- 1, k d  a bad conduct discharge. 

07/06/2005 

12: 18 

2024048755 

PAGE  05/05 

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, ACTION 

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c6nduct discharge, confinement for 3 months, and reduction to E-1 is approved, and, except for 
,  the bad conduct d i s c h e ,  will be ex~outed. Puisuait to Article 58b, Section (b),,Unifhn Code 
. 
. 
, of MIitary Justice, all of the mandatory forfeituies ak waived fm a period of 6 months or release 
on 20 May 2004.  The two- 
for the benefit  . 
completion 

thirds pay is 
of the Accused's dqendent 
. of the skntence to cdnfinement 
. take leave pending 
Air Force Conrections 
System is designated forthe purpose of conhnernent, and the confinkment,will be served therein 
07 elsewhere as the Chief, Corrections Divisioq maydirkt. 

, 

FOR THE COMMANDER 

,  :;- 

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~ ~ W G I J A ,  5275 Ei Granite Strect, Davis-Monthan AFB, AZ 

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R e c e i v e d ,   ~ i m e  J u l .   6. 
 

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