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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVI(:E  MEMBER (LAS'I', FIRS I  MIDDLE INITIAI,) 

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PERSONAL 

A P P E A R A N C E -

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GRttDE 

1  AMN 
x 

A FSNISSAN 

RECORD REVIEW 

NAME OF COZINSEL AND OR OR(;ANI%AI  ION 

ADDRESS AND OR ORGANILA I  ION OF COUNSFI 

YES 

No 
X 

Y-  -- 

MEMBER SITTING 

ISSUES 

A94.05 

INDEX  NUMBER 

A66.00 

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HEARING DATE 

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CASE NtlhlBER 

:-I 

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EXIIIBITS SWBYI'ITED ~8*-%  BOARD 

1  I  ORDER APPOINTTNG THE ROhKD 
2  (  APPLICATION  FOR REVIEW OF DISCHARGE 
3  1  LETTER OF N0'TIFICA.i-ION 

FILE  - 

PERSONAL, APPEARANCE 

TAPE RECORDING C)F  PERSONAI. APPEARANCE 

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27 Dec 2005 
APPLICANT'S ISSUE AND TfiE BOARD'S DFCISIONhL RATIONAL ARE MSCUSSFD ON  THE AITACHED AIR PORC$ DISCHARGE REVIEW BOARD DPCISIONAL RATIONALE 

FD-2005-00268 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a persolla1 appearance withlwithout counsel, and the right to 
submit an application to the AFBCMK 

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

-1 0: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

1 I

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AFHQ FORM 0-2077, JAN 00 

FROM: 

I 

(EF-V2) 

SECRETARY OF TllE AIR  FORCE PERSONNEI. COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFH, M D  20762-7002 
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Previous edition will be  used 

AIR FORCE DISCHARGE REVIEW ROARD DECISIONAL RA'I'IONALE 

CASE NUMBER 

FD-2005-U0268 

GENERAL:  The applicant appeals for upgrade  of discharge to honorable,  and  to  change the reenlistn~ent 
code. 

The applicant was offercd 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 of discharge and change of reenlistment code are denied. 

The  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiatcs  an 
incquity or impropriety that would justify  a cl~ange of discharge. 

ISSUE:  Applicant contcnds discharge was inequitable bccause it was too harsh.  The records indicated the 
applicant  rcceived  an  Article  15  Sor  wrongfully  using  a  scheduled  IV  controlled  substa~~ce, specifically, 
'The  Board  concluded  the n~iscor~duct was  a significant departure  Sroim  conduct  expected  oS all 
diazepam. 
military  members.  The  characteri7ation  of  thc  discharge  received  by  the  applicant  was  found  to  be 
appropriate. 

CONCLTJSIONS: 
l'he  Dischargc  Review  Hoard  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  oS the  discharge  regulation  and  was  within  the  discretion  of the 
discharge authority and that the applicant was provided full adrninistrativc due process. 

In view of the Soregoing findings thc Board further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not bc changed. 

Attachncnt: 
Examiner's Brief 

DEPARTmNT  OF  THE  A I R   FORCE 

A I R   FORCE  DISCHlLRGE  REVIEW  BOARD 

ANDRENS  AFB, MD 

(Former AMN)  (HGH SFA) 

MISSING  MEDICAL  RECORDS 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Lackland AFB, TX on 30 Jun 04 
UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge and to Change the RE Code. 

2 .   BACKGROUND: 

a. DOB: 10 Jun 78.  Enlmt Age: 22 9/12.  Disch Age: 26 0/12. Educ: HS DIPL. 
AFQT: N / A .   A-63,  E--61,  G-52,  M-62. PAFSC: 33751 -  Fire Protection Specialist. 
DAS: 03 Feb 04. 

b.  Prior Sv:  (1) AFRes 05 Apr 01 -  23 Apr 01  (19 days) (Inactive). 

3 -   SERVICE  UNDER  REVIEW: 

a.  Enlistedas AB 24 Apr 0 1   for 6 yrs. Svd: 3 Yrs 2 Mo 7 Bas, all AMS 

b.  Grade Status:  AMN  -  27 Apr 04  (Article 15, 27 Apr 04) 

SrA -  08 Oct 03 
A1C -  08 Jun 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 27 Apr 04, Soto Cano AB, Honduras -  Article 107.  You 

did, on or about 29 Mar 04, with intend to deceive, sign 
an official record, to wit: DA Form 2823 

Statement made to Special Agent L~::~E~ 

f icial 
statement, to wit: You had never used drugs, either in 
the military or before that, which statement was totally 
false, and was then known by you to be so false. 
Article 112a.  You, did, on or about 16 Feb 04, 
wrongfully use diazepam, a schedule IV controlled 
substance.  Reduction to Airman, and restriction to the 
limits of Soto Cano Air Base, Honduras for 45 days. 
(Appeal/Denied) (No mitigation) 

e.  Additional: NONE. 

f.  CM:  None. 

g.  Record of SV: 24 Apr 01 -  26 Dec 02  Moody AFB  5  (Annual) 
27 Dec 02 -  2 6   Dec 03  Moody AFB  5  (Annual) 

h.  Awards &  Decs:  NDSM, AFTR, AFAM W/1 BOLC. 

i.  Stmt of Sv:  TMS: (03) Yrs  (02) Mos  (26) Das 
TAMS: (03) Yrs  (02) Mos  (07) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 07 Jul 05. 

(Change Discharge to Honorable, and Change the RE Code.) 

Issue 1:  My discharge is inequitable because it was based on one isolated 

incident in 3 years, 2 months, &  11 days of service.  My military record, 

"achievements, &  bearing, conduct &  attitude was outstanding prior to &  after the 

incident in question.  I feel my fate was decided before the evidence was even 
looked at.  I feel 1 had to prove my innocence instead of being proved guilty. 
My service after I knew I was being discharged was exceptional.  I had no "I 
don't care attitude."  I am &  was very professional and abided by my sworn duty. 
1 did not disrespect anyone, nor hurt anyone or myself during the incident or 
afterwards.  I fought for my country in S.W. Asia.  I feel I desire a record 
review &  have my DD 214 upgraded to honorable.  Thank you for your time.  At 
least upgrade my reentry code to something more desirable. 

ATCH 
None. 

Jun-8-04  16:49; 

!@, 

-  F W O O S - O O J ~  B 

Page  3 

DEPARTMENT OF THE AIR FORCE 
AIR FORCE FORCES. JOINT TASK FORCE-BRAVO 
SOT0 CAN0 H R  BASE, REPLlBLlC OF HONDURAS 

BASE SQUADRON (ACG) 

6 1 2 ~ ~ ~ 1 ~  

APO AA  34042 

1  Jun  0 4  

FROM:  G12 ABS/CC 

SUBJECT: Notification Memorandum 

i 

1.  T am recommending your discharge from thc United Statcs Air Force for Drug Abuse.  The 
authority for this action i s  M 3 6 - 3 2 0 8 ,  piuagrcipli 5.54.  I f  my reco~nrnendation is approved, your 
scrvice will be characterized as w j  UUrer Honorable Conditions (Gcncral) Discharge. l m 
recommending that Y Q L L ~  scmice be characterized as an Under lionorable Conditions (Gmcral) 
Discharge. 

2.  My reason for this action is: 

a.  On or abolet 29 Ma- 04, you made a false slalcmcnt to Criminal hvcstigation Division 

Oficcr.  As a result, you received m Article 15 dated 27 Apr 04 (Tab A). 

b.  On or  about 16 Feb 04, you wrongfully used a controlled substance. As a rcsult, yo11 

received an ~rliclc 15 dated 27 Apr 04, second specification. (Tab A). 

3.  Copics of the docun~ents to bc forwarded to the separation authority in suppo';z of this 
exercising SPCM juriscli~tiou or higher authority 
recomrnmdation arc attached.  The c o ~ d ~ ~ d n d e r  
wid dccide whether you will be discharged or retained in the United States Air Forcc and, if you 
are discharged, haw your service will be characteri~ed. If you are discharged, you will be 
ineligible for reenlistment in the Air Force md any special pay, bonus, or education mistance 
funds  may be subject to recoupment. Tl~a separation authority will make the findings md 
recommendations required under 10 U.S.C. Section 2005(g). 

4.  You have the right to consult counsel.  Rlilitary Ie  al  counscl has been obtcincd to assisl you 
I have made ao appointdent for you to c o ~ u 1 t  *
at 

houts.  You may consult civilian counscf at your own expmsc. 

&K,  . on ,  $2 h y  , 

t

 

5.  You have thc right to submit statcments in your own behalf.  Any statements you want the 
separation aulhur'ity to collsider nnlust reach me by  4 Juds  4 
tcnless you requesl and 
receive an extension Tor  good cause shown.  1 will send [hem to the separalion a~thority. 

6. If  you fail to consult counsel or to submit stare~nenk in your own behalf, yom failure ;ill 
constitute a waiver of your n'ghf to do so. 

. 

. 

7.  You havc been scheduled for a medical examination.  You must report to 
'  Z d d -   at  eq 3-0. IUS  for the examkafion. 

,. . 

fl 

On 

8.  You have been schcdr~led fix an initial outprocessing briefing.  You must report to the Military 
Personnel Flight @fPF), Separations Elcmcnt, building 

*  at 

hours on  \ Jrr*~ 07 

, mom 
for the outprocessing brielirkg. 

9.  Any persous1 information you furnish in rebutpal is coveted by the Privacy Act of 1974. A 
copy of AFT 36-3208 is available for your use zt Area DeTcmMc Cdunsel's office. 

10.  Execute the attached acknowledgmen~ and return it to m e  immediately. 

Attachments: 

1.  Supporting Documents:  AF Form 3070, Rccord of Nonhdicial Punishment Procedings, 27 
Apr 04 , ~csponsk to Offer of Nonjudicial Ponishmenl, and supporting evidence (27 pgs). 

2. Receipt of Notification Meruorandum.