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AIR FORCE DISCHARGE REVIEW' BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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RECORD REVIEW 

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DATE:  12/29/2005 

SECHETAHY OF T H E  AIR  I'ORCE  PERSOTSEI. COUYCII 
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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00269 

GENERAL:  The 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 of 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 received a General Discharge for Drug Abuse. 

Applicant contends that since his discharge he has avoided any situations that may have negative 
repercussions, has held three jobs requiring initial and subsequent drug screenings and has passed every 
screening with no complications, is in compliance with his agreement to reimburse DFAS for the 
unsuccessful completion of his six year enlistment bonus contract, and realizes that he made a huge mistake 
during his tour of duty with the Air Force and has turned his life around and moved it in a positive direction. 
The DRB was pleased to see that the applicant was doing well and moving on with his life; however, this is 
not a matter of inequity or impropriety which would warrant an upgrade.  The records indicated the applicant 
received two Article  15s, one for wrongfully using marijuana and for wrongfully using Corciden, and the 
other for failing to go at the time prescribed to his appointed place of duty and for willfully disobeying a 
lawful command, a Letter of Reprimand for damaging government property, injuring his hand, fleeing the 
scene of the crime, and refusing to answer questions, and one Record of Individual Counseling for failing a 
monthly dorm room inspection.  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 further 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 

ANDREWS  AFB,  MD 

(Former AB)  (HGH AlC) 

1.  MATTER UNDER  REVIEW:  Appl rec'd a GEN Disch fr Eglin AFB, FL on 30 Dec 03 UP 
AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge and to Change the RE Code Discharge. 

2.  BACKGROUND: 

a. DOB: 10 Jul 83.  Enlmt Age: 17 8/12.  Disch Age: 20 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-35,  E-39,  G-36,  M-41. PAFSC: 2A631D -  Aerospace Propulsion 
Apprentice. DAS: 11 Apr 02. 

b.  .Prior Sv:  (1) AFRes 30 Mar 01 -  09 Oct 01  (6 months 10 days)(Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 10 Nov 01 for 6 yrs. Svd: 02 Yrs 01 Mo 21 Das, all AMS. 

b.  Grade Status:  AB -  06 Nov 03  (Article 15, 06 Nov 03) 

A1C -  23 NOV 01 

c.  ~ i m e  Lost:  None 

d.  Art 15's:  (1) 06 Nov 03, Eglin AFB, FL -  Article 112a.  You did, 
within the continental United States, between on or 
about 01 Aug 03 and on or about 31 Aug  03, wrongfully 
use marijuana.  Article 134.  You did, within the 
continental United States, between on or about 01 Apr 03 
and on or about 30 Apr 03, wrongfully use Corciden. 
Reduction to AB, forfeiture of $575.00 pay per month for 
2 months, and a reprimand. (No appeal)  (No mitigation) 

(2). 07 Oct 03, Eglin AFB, FL -  Article 86.  You did, on or 

about 20 Sep 03, without authority, fail to go at the 
time prescribed to your appointed place of duty. 

command from 

CMSgt 

a senior noncommissioned 

noncommissioned officer, to  "not leave the Fort Walton 
Beach, Crestview, and Niceville, Florida areas under any 
circumstances without prior approval from the first 
sergeant or commander," or words to that effect, an 
order which it was your duty to obey, did, on or about 
20 Sep 03, willfully disobey the same.  Suspended 
reduction to AB.  Restriction to the limits of Eglin 
AFB, FL for 60 days, and a reprimand. (No appeal) (No 

mitigation) 

e.  Additional: RIC, 05 NOV 03  -  Failed monthly dorm room inspection. 

LOR, 24 OCT 03 -  Damaging government property, and injuring 
hand.  Fleeing the scene of the crime, and 
refusing to answer questions. 

f.  Cp:  None. 

g.  Record of SV: 10 Oct 01 -  15 Apr 03  Eglin AFB  4  (HAF Dir) 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (08) Mos  (01) Das 
TAMS:  (02) Yrs  (01) Mos  (21) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 06 Jul 05. 

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

Issue 1:  I am requesting a change of discharge from a General to an 

Honorable discharge.  Since my discharge from the Air Force I have avoided any 
situations that may have negative repercussions.  I have held 3 jobs since my 
discharge.  Each position required an initial and subsequent spontaineous (sic) 
drug screening.  As of this date, I have passed every screening with no 
complications.  I am in compliance with my agreement to pay DFAS back for my 
unsuccessful completion of my 6 year enlistment bonus contract.  I have made 
every attempt to improve my life.  I realize I made a huge mistake during my 
tour of duty in the Air Force.  I hope if the Board will grant me a Honorable 
Discharge this will be a way to improve the mistake I made and improve my life. 
I have totally turned my life around, and have moved it in a positive direction. 
Given the present situation, I would greatly appreciate a reassessment of my 
discharge status. 

ATCH 
None. 

DEPAR'T~IENT OF THE AIR  FORCE 
HEADQUARTERS 33D FIGHTER WING (ACC) 

EGLlN AIR  FORCE BASE, FLORIDA 

0 9 DEC 2003 

FROM:  33 MXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically, drug abuse.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.54.  If my recommendation is approved, your service iyill be characterized as 
honorable,  general, or under other than honorable conditions.  I am recommending that your 
service be characterized as general. 

. 

2.  My reasons for this action are: 

- 

You did, within the continental United States, between on or about 1 August 2003 and on or 

about  3 1 August 2003, wrongfully use marijuana.  You did, within the continental United States, 
between on or about 1 April 2003 and on or about 30 April 2003, wrongfully use Coriciden.  For 
these offenses, you received nonjudicial punishment, dated 6 November 2003. 

3.  Although I am recommending your discharge for drug abuse, I am also forwarding the 
following information to the separation authority for consideration when determining your 
service characterization. 

a.  You did, at Eglin Air Force Base, Florida, on'5 November 2003, fail your monthly room 

inspection conducted by the 33 MXS.  The appearance/condition of your room was unacceptable 
at the time of the inspection.  For this offense, you  received a record of individual counseling, 
dated 5 November 2003. 

b.  On or about 10 October 2003, at Dorm  17A, second floor, adjacent to the dayroom, you 

willfully damaged military property, to wit:  placed your right fist through the exit door 
reinforced  glass window, breaking the glass and injuring your hand.  You then fled the scene of 
the crime and refused to answer any questions after being advised of your rights.  For this 
offense, you received a letter of reprimand, dated 24 October 2003. 

c.  You did, at Eglin Air Force Base, Florida, on or about 20 September 2003, without 

authority, fail to go at the time prescribed to y 
You, having received a lawful command from 
noncommissioned  officer, then known by you 
leave the Fort Walton Beach, Crestview, and Niceville, Florida area under any circumstances 
without prior approval from the first sergeant or commander," or words to that effect, an order 
which it was your duty to obey, did at or near Eglin Air Force Base, Florida, on or about 

20 September 2003, willfully disobey the same.  For these offenses, you received nonjudicial 
punishment, dated 7 October 2003. 

4.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial (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 your service will be characterized.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force.  Special pay, bonuses, or 
education assistance funds may be subject to recoupment. 

5.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
An appointment has been made for you to consult capt- 
10 December 2003 at 1400 hours.  You may consult civilian counsel at your own expense. 

at Building 451, on 

6.  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 workdays from today unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

7.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 

8.  You will complete a medical examination with the 96th Medical Group, Force Health 
Management Section, on 10 December 2003 at 0715 hours. 

9.  You have been scheduled for an appointment with the 96th Mission Support Squadron, 
separations section, on 11 December 2003 at 0930 hours.  Immediately after your briefing, you 
are to report to the 96th Traffic Management Office to schedule your TMO pickup.  If you have 
household goods, they must be picked up before 19 December 2003. 

10.  You are required to receive a briefing from the Family Support Center prior to your 
separation.  You have been scheduled to receive your Transition Assistance Management 
Program (TAMP) briefing on 16 December 2003 at 0755 hours. 

1 1.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. 
A copy of AFI 36-3208 is available in your unit orderly room for your use. 

Attachments: 
1.  Supporting Documents 
2.  Airman's Acknowledgment