NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  AFSNISSAN 

rYPE  GEN 

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PERSONAL APPEARANCE 

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MEMBER SITTING 

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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 

HEARING DATE 

06 Oct 2005 

CASE NUMBER 

FD-2005-00259 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board. 

Names and votes will be made available to the applicant at the applicant's request. 

VOTE CARD LEGEND:  + = change RE Code 

* = change in primary reason from "drug abuse" to "misconduct" 
** = change reason for discharge to secretarial authority 

TO: 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

FROM: 

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

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

4. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00259 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB, MD on 06 October 2005. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5:  Letter of Recommendation, 5 October 200 
Exhibit #6:  Character Letter, 28 September 2005 from 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The Board grants the requested relief.  The Board finds that neither the evidence of record nor 
that provided  by applicant  substantiates an impropriety that would justify  a change of discharge.  However, 
based upon the record and evidence provided by applicant, the Board  finds the applicant's  discharge reason, 
discharge characterization and reenlistment code inequitable. 

ISSUE:  Applicant  contends  discharge  was  inequitable  because  it  was  too  harsh.  The  records  and  the 
applicant's  testimony showed that the applicant's  poor duty performance was due to his inability to put his 
knowledge  into  actual  practice  and  that  his  misconduct  was  quite minor.  While  he  committed  serious 
misconduct  when  he lied  to  investigators  about  an  incident  at  a  party,  there  was  nothing in  the  record  to 
show that  the incident was anything other than a one time lapse in judgment  brought  on by the applicant's 
fear.  The majority of the DRB  accepted the applicant's  argument  that his  discharge under the  drug abuse 
provision of the discharge regulation was too harsh under the particular facts of his case. 

CONCLUSIONS:  The  Discharge  Review  Board  concluded  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 fill administrative due process. 

However,  in  view  of  the  foregoing  findings,  the  Board  further  concludes  that  the  overall  quality  of 
applicant's service is more accurately reflected by an Honorable discharge and the reason for the discharge is 
more  accurately described  as misconduct,  minor disciplinary  infractions,  under  the provisions  of Title  10, 
U.S.C.  1553.  The board further directs that the applicant's re-enlistment code be changed to 3K. 

Attachment: 

Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH AlC) 

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1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Dover AFB, DE on 17 Jan 03 UP 
AFI 36-3208, para 5.50.2 &  5.54 (Patter of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline &  Drug Abuse).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 31 Dec 80.  Enlmt Age: 18 10/12. Disch Age: 22 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-65,  E-67,  G-76,  M-71. PAFSC: 1A231 -  Aircraft Loadmaster 
Apprentice. DAS: 14 Sep 00. 

b.  Prior Sv:  (1) AFRes 10 Nov 99 -  14 Dec 99  (1 month 5 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 15 Dec 99 for 4 yrs. Svd: 3 Yrs 1 Mo 3 Das, all AMS. 

b.  Grade Status:  AB  -  03 Oct 02  (Article 15, 03 Oct 02) 

A1C -  15 Apr 01 
Amn  -  15 Jun 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 03 Oct 02, Dover AFB, DE -  Article 112a.  You, did, 

between on or about 1 Oct 01 and on or about 28 Feb 02, 
wrongfully posses marijuana.  Article 107.  You did, on 
or about 31 Jul 02, with intent to deceive, sign an 
official AF Form 1168, Statement of Suspect, which AF 
Form 1168, Statement of Suspect was totally false, and 
was then known by you to be so false.  Reduction to AB, 
14 days restriction to base, 30 days extra duty, and a 
reprimand. (No appeal)  (No mitigation) 

e.  Additional: LOR, 21 OCT 02 -  Failed to report to duty on time. 

LOC, 29 NOV 01 -  Late for work. 
RIC, 20 JUL 01 -  Late for work. 

f.  CM:  None. 

g.  Record of SV: 15 Dec 99 -  14 Aug 01  Dover AFB  2  (1nitial)REF 

15 Aug  01 -  14 Aug 02  Dover AFB  3  (Annual) 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (02) Mos  (08) Das 

TAMS:  (03) Yrs  (02) Mos  (08) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Jun 05. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED 

ATCH 
None. 

[ 

( 
DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 4 3 6 ~ ~  Amm WING (AMC) 

S-ad 257 

22 Dec 2002 

MEMORANDUM FOR 

FROM:  9 ASICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for a Pattern of Misconduct, 
specifically, Conduct Prejudicial to Good Order and Discipline and Drug Abuse.  The authority for this 
action is AFPD 36-32 and AFI 36-3208, paragraph 5.50.2.  If my recommendation is approved, your 
service will be characterized as Honorable or General.  I am recommending that your service be 
characterized as General. 

2.  My reason for this action is: 

a.  On or about 17 Oct 02, you failed to report on time to your assigned duty location.  For this 

misconduct you received a Letter of Reprimand, dated 2 1 Oct 02. 

b.  Between on or about  1 Oct 01 and 28 Feb 02, you wrongfully possessed Marijuana and on 3 1 Jul 

. 

02 you signed an official AF Form 1 168, Statement of suspect, which you knew to be false.  For this 
misconduct you received an Article 15, dated 25 Sep 02. 

c.  On or about 28 Nov 01, you failed to report on time to your assigned duty location.  For this 

misconduct you received a Letter of Counseling, dated 29 Nov 0 1. 

d.  On or about 19 Jul01, you failed to report to work at the designated time and stated that you had 

overslept.  For this misconduct you received a Letter of Counseling, dated 20 Jul01. 

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 and how your service will be 
characterized.  If you are discharged, you will be ineligible for reenlistment in the Air Force and any 
special pay, bonus, or higher education assistance finds may subject to recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been 
be consulting with the 
regarding this matter.  Please make contact with her as soon as possible to schedule an appointment.  You 
may consult civilian counsel at your own expense. 

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4.  You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to consider must reach me within 3 du@ days unless you request and receive an extension for 
good cause shown.  I will send them to the separation authority.  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.  The Privacy Act 
of  1974 covers any personal information you furnish in rebuttal.  A copy of AFI 36-3208 is available for your use 
in the Orderly Room. 

5. You have been scheduled for a medical examination. You must report to Family Practice, Second 
Floor, Building 305, at 0920 on Friday, 20 December 2002, for the examination with -. 
have any questions or need to reschedule this appointment, please call 677-61 30. 

If you 

6.  You have been scheduled for a Separations Briefing.  Please report to Building 520, Room 112, ext 
2155 on Tuesday, 24 Dec 02 at 0900 hours. 

7.  Execute the attached acknowledgement and return it to me immediately. 

Attachments: 
1.  Letter of Reprimand, dated 2 1 Oct 02 
2.  AF Form 3070, Article 15, dated 25 Sep 02 
3.  Letter of Counseling, dated 29 Nov 01 
4.  Letter of Counseling, dated 20 Jul01 
5.  Airman's Receipt of Notification Memorandum 
6.  ID Card Withdrawal letter