~ 

(  NAME OF SERVICE MEhlBER &\ST,  FIRST hllDDLE INITlAl,) 

AIR FORCE DISCHARGE REVlEW BOARD HEARING  RECORD 

. ~ Y P E  GEN 

I 

I 

PERSONAI, APPKARANCE 

I x 

] 

RECORDREVIEW 

A D U M S S  AND OR ORGANIZATION  O r  COUNSEI, 

MEMBER SITTIlVG 

- 
I  -  -

HON 

- C ;

s

 -";)THC 

I  OTHER  -1  DENY 

.  .  .- 

VOTE OF TTE BOARD 

.- 

...  L U X  

A62.00 

1 
2 
3 - 
4 

HEARING  DATF 

- . . " "  

. 
( A S L  NUMBLR 

-- 

--. - 

- 

- 

.". 

- 

ORDER APPOIN'fING  rl 11:  BOARD 
APPLICATION  FOR  KtVlEW OF DIS('HAKCjt 
LL:  I  IER OF NOTIFICKI ION 
RKIkk OF PERSONNEI, bI1.E 
COIJNSEIJ'S RFI  FASE TO TIIE RC)AKL) 
ADIII~I IONAl. I:XII~BITS S U H M ~ ' ~ T E L ~ A T  
PFRSONAL APPEARANCE 

-- 

TlMF OF 

-. .- - 

f,WE  RCCORI)IN(i  Of. PERSONA1  APPEARANCE 
- 

. 

-- 

-- 

-- - 

>- 

27 Dec 2005 
APFLlChN 1'5 ISSUE AND 1%  BOARD'S DECISlONAL KA rlONAL ARE DISCUSSED ON Tlfli. A1 I ACHED AIR FORCE DISCHARGE REVlhW BOAXD DECISIONAI. R A l  IONALE 

FD-2005-00264 

Case heard at Washington, D.C. 

Advise applicant of  he decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the APBCMR 

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

. . 

. . .. 

550 C'  S'f'KlXT  WEST, SUITE 10 
RANDOLPH  AFR, TX 78150-4742 

SE(.:RETAHY OF THE AIR FORCE PERSONNEL COIINCIL 
AIR FORCE DlSCHAllGE REVIEW  ROAKU 
1535 COMMAND DR. El? WING. 3KU FI.OOR 
ANDREWS AFB. M D  20762-7002 

1 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be i~sed 

AIR FORCE DISCHARGE REV1 E W BOARD DECISIONAL KATIONALE 

CASE NUMBFR 

FD-2005-002& 

GENERAL:  'I'he  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 oS discharge is 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. 

ISSUE:  Applicant  does not  contest  his  discharge.  IIc states that  since his discharge,  he has been  a model 
citizen and has not been in any trouble with the law.  The records indicated the applicant received  an Article 
15 for  wrongfully  possessing  some  amount  of marijuana,  concealing  the  fact  that  he  had  used  mari-iuana 
prior  to coining in  the  Air  Force,  failing to remain  on  Sheppard AFB, wearing  civilian  clothes, riding  in  a 
POV  and  for  falling  to return  to  and  remain  in  his  dornlitory  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. 

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 l ~ ~ r t h e r  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 

W R E W S   AFB, MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Sheppard AFB, TX on 24 Aug 95 
UP AFI 36-3208, para 5.15 &  5.54 (Fraudulent Entry and Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Jul 74.  Enlmt Age: 20 2/12.  Disch Age: 21 0/12. Educ: HS DTPL. 

AFQT: N/A.  A-90,  E-82,  G-80,  M-67. PAFSC: 3EOll -  Electrical Systems Helper. 
DAS :  2 0 Feb 95. 

b.  Prior Sv: (1) AFRes 21 Oct 94 -  03 Jan 95  (2 months 14 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  04 Jan 95 for 4 yrs. Svd: 00 Yrs 07 Mo 21 Das, all AMS. 

b.  Grade Status:  AB  -  19 Jul 95 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 19 ~ u l  9 5 ,   Sheppard AFB, TX -  Article 112a.  You did, 

at or near Wichita Falls, Texas, on or about 22 Apr 95, 
wrongfully possess some amount of marijuana.  Article 
83.  You did, in the continental United States, on or 
about 04 Jan 95, by means of deliberate concealment of 
the fact that you had used marijuana, procure yourself 
to be enlisted an Airman in the United States Air Force, 
and did thereafter, at Lackland AFB, Texas and Sheppard 
AFB, Texas, receive pay and allowances under the 
enlistment so procured.  Article 92.  You did, on or 
about 29 May 95, violate a lawful general regulation, to 
wit: Paragraphs 4.3.1, 4.3.2, 4.3.3, and 4 . 3 . 5 ,   Sheppard 
AFB Regulation 52-1, dated 15 Dec 94, by failing to 
remain on Sheppard AFB, by failing to remain in proper 
military uniform and wearing civilian clothes while off- 
duty; by riding in a privately owned vehicle and by 
failing to return to and remain in your assigned 
dormitory room from 2000-0400 before a duty day and 
2200-0700 before a non-duty day.  Reduction to AB, 
forfeiture of $350.00 pay per month for 2 months, and 
restriction to base for 60 days.  (No appeal)  (No 
mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards  &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (00) Yrs  (10) Mos  (04) Das 
TAMS: (00) Yrs (07) Mos  (21) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Jun 05 

(Change Discharge to Honorable) 

Issue 1:  Since my discharge from the Air Force, I have been a model 

citizen.  I have not been in any trouble with the law.  Please feel free to 
conduct a complete background check for evidence.  I am currently applying for a 
position with the FAA and I do not wish my type of discharge to affect 
suitability in being hired by the FAA.  I am now married with three children 
plus one on the way and I would like to be able to support my family without 
being affected by a mistake I made ten years ago.  Thank you. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 
AIR EDUCATION AND TRAINING COMMAND 

1 5  AUG  1995 

6

6

TRS 

 

MEMORANDUM ."  FOR  AB 3
FROM:  366 TRS/CCQ 

.. * 

7 2 7   MISSILE RD BLDG 1927 
SHEPPARD AFB TX 76311 

SUBJECT:  ~otificati6n Memorandum 

1.  1 am recommending your discharge from the United States Air Force 
for Fraudulent Entry and Drug Abuse.  The authority for this action 
is AFPD 36-32 and AFI 36-3208, paragraph 5.15 and 5.54.  If my 
recommendation is approved your service  will be characterized as an 
honorable or general.  . I  am recommending that your service be 
characterized as general. 

2.  My reasons for this action are: 

a.  You d i d ,   at or near Wichita Falls, Texas, on or about 2 2  

April 1995, wrongfully possess some amount of marijuana.  For this 
infraction and subparagraph "b"  below you received Article 15 

.  punishment on 19 Jul 95. 

b.  You did, in the continental United States, on or about 4 

'January 1995, by means of deliberate concealment of the fact that you 
had used marijuana, procure yourself to be enlisted anlAirman in the 
Uhited S t a t e >   Air Force, and did thereafter, at Lackland Air Force 
Base, Texas and Sheppard Air Force Base, Texas, receive pay and 
allowances under the enlistment so procured. 

Copies oE 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 you service will be characterized.  If you 
are discharged, you will be ineligible for reenlistment in the Air 
Force. 

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

Area Defense Counsel,' at Bldg 1638, on 

J  , at \Sbo  .  You may consult civilian counsel at your own 

4.  You have the right to submit statements in your own behalf.  Any 
statements you want the separation authority to consider must reach 
me byf@,4~~qf unless you request and receive an extension for good 
cause shown.  I will send them to the separation authority. 

.: 

f;p gd.s--o 026Lf 

. . . ,  
. = . . . . . . .   j 

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 
S O .  

6.  You were scheduled for a medical examination on 3  R_u$q{  . 
7.  Any personal information you  furnish in rebuttal is covered by 
the Privacy Act  of 1974.  A  copy o f   AFZ  36-3208 is available in the 
366th Training squadron Unit  Personnel Office  for your use. 

Execute the attached acknowledgmeht  and. return it to me 

8 .  
immediately. 

, 

Squadron section Commander 
366th T r a i n i n g   Squadron 

3.  AF F o n  1168,  23 A p r   95, - 

Attachments 
1.  AF Form 3070,  w/ 1 atch 
2. 

Extract  from ROI,  Subject Interview 

DD form 3 9 8 ,   4  Jan. 95 

4. 
5.  AF ~ o r m ' 2 0 3 0 ,  21 Oct  94 
6. 
7.  AETC  Form 125A,  16 J u n   95 
8 .   AETC  Form 156,  13  Mar  95 
9- 

Airman's,  Receipt  of Notification Memorand 

Memo,  Extract of R O I