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AIR FORCE DISCH.ARGE REVIEW BOARD HEARING RECORD 

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RECORD REVIEW 

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EXHIBITS SUBMITTED TO THE BOARD 

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DATE:  12/29/2005 

SECRETARY OFTHE AIR  FORCE PEKSO>3EL C'OUSCII. 
:\1K  FORCE DISCHARGE RECIk:W BOARD 
1535 C O > I ~ I A S D  D R  EE WlSG, 3RD FLOOR 
-\NDKEWS .4FB, M D  20762-7002 

Prcviouh edition will  hc used 

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

Tlie a1tiic.hc.d brief contains available pertinent  data on the applicant and  the factors Ieading to the discharge. 

FINI1INC;S:  Upgrade  of  discharge is denied. 

'Flit.  Boarcl  finds  [hat  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inecli~ity or impropriely  that would justify  a change of discharge. 

ISSUE:  Applicant received  a General Discharge for Drug Abuse. 

/\i~plic;lnt contends discharge was improper because he met all of the retention criteria specified by Chapter 
5 ,  AT-! -36-370s. and  that  170th  his SQiCC and  WGiCC recommended that  he be retained.  The records 
il;dic~i~ed tllc applicilnt reccived ar! Article  15 for wrongfully  using Percocet on divers occasions.  While the 
board  ilotctl thal his SQiCC did change  his initial  rccornmendation from separation with a General discharge 
ic:  rc!cntion,  the records indicate that  his WG/CCI the separation authority, signed a memorandum  stating 

opi~;c:l that applicani's conduct did  not  involve drug experimentation considering that he admitted in his own 
st;!tcmenls  thai  he  used  Percocci on two separate occasions almost one year apart, and further opined that 
[his conduct is neither isolated nor experimental  as conten~plated by the AFI.  The DRB took note of the 
applicxnl's duly performance as documented by his performance reports, letters of recommendation and 
ori~cr acco~nplishments. They found the seriouhness of the willful  misconduct offset any positive  aspects of 
the applicant's duty performance.  The Board  concluded  the misconduct was a significant departure  from 
~ ~ i l d i i c t  cxpccled of  ail military membcrs.  The characterization of the discharge received by the applicant 
wah found  io be appropriate. 

C'0NC:LUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procc.clural  and  substantive  requirements  of  the  discharge  regulation  and  was  within  the  discretion  of  the 
cljhcllarge a~llIic)rit> and that  ihe applicant was provided  full administrative due process. 

In vicw of  the  fwegoing findings the  Board  further concludes that there exists no legal  or equitable basis for 
upgrade o f  discharge. thus the applicant's discharge should not be changed. 

Esi~miner's RricC 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Peterson AFB, CO on 15 Aug 03 
UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 9 Aug 76.  Enlmt Age: 23 9/12.  Disch Age: 27 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-97,  E-94,  G-99,  M-84. PAFSC: IN031 -  Intel Applications 
Apprentice. DAS: 30 Jun 01. 

b.  Prior Sv: (1) AFRes 10 May 00 -  13 Jun 00  (I month 4 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 14 Jun 00 for 4 yrs. Svd: 03 Yrs 02 Mo 02 Das, all AMS. 

b.  Grade Status:  A1C -  10 Mar 03  (Article 15, 10 Mar 03) 

SrA -  14 Oct 02 
A1C -  14 Jun 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 10 Mar 03, Peterson AFB, CO -  Article 112a.  You did, 

at or near Colorado Springs, Colorado, on divers 
occasions, between on or about 1 May 01 and on or about 
30 May 02, wrongfully use Percocet, a Schedule I1 
controlled substance.  Reduction to AlC, 45 days extra 
duty, and a reprimand. (No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None 

g.  Record of SV: 14 Jun 00 -  15 Jan 02  Peterson AFB  5  (HAF Dir) 
16 Jan 02 -  15 Jan 03  Peterson AFB  5  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFOEA. 

i.  Stmt of Sv:  TMS:. (03) Yrs  (03) Mos  (05) Das 
TAMS:  (03) Yrs  (02) Mos  (02) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 30 Jun 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. AFI 36-3208, Administrative Separation of Airmen. 
3. USAF Drug Testing Laboratory Toxicologist. 
4. Eight Character References. 
5. Discharge Action Memorandum and Staff Summary Sheet. 
6. Legal ~ e v i e w  Summary. 
7. Written Response to Article 15. 
8. Award Nominations. 
9 .   Enlisted Performance Reports. 

Issues For Consideration: 

1. I believe that my discharge was improper, because I met all of the retention criteria 
specified in AFI36-3208, Administrative Separation of Airmen (Document 1, page 1, 
paragraphs 5.55.2.1.2 and 5.55.2.1.3).  The only criteria which were in question were as 
follows: 

5.55.2.1.2. Drug abuse occurred as the result of drug experimentation (a drug 
experimenter is defined as one who has illegally or improperly used a drug for reasons of 
curiosity, peer pressure, or other similar reasons). 

5.55.2.1.3.  Drug abuse does not involve recurring incidents, other than drug 
experimentation as defined above. 

2. In support of this, I have included a statement about my case from a USAF Drug 
Testing Laboratory toxicologist stating that my actions were not consistent with those of 
a "user" (Document 2, page 1, paragraph 4, sentence 1). 

3. I have also included the result of my ADAPT (Alcohol and Drug Abuse Prevention 
and Treatment) evaluation, which states that the incidents were "experimental and 
isolative in nature based on his use being curiosity and poor judgment" 
(Document 3, page 1, paragraph 2, sentence 3). 

4. I believe that these documents affirm that I met the retention criteria in question, and 
should not have been discharged.  I have included supporting character references, up my 
chain of command and from co-workers, recommending that my discharge be waived and 
that I be retained for continued service in the Air Force. 

(Document 4, page 1, paragraph 3, sentence 2) 
(Document 5, page 1, paragraph 2, sentence 6 )  
(Document 6, page 1, paragraph 3, sentence 3) 
(Document 7, page 1, paragraph 1, sentence 3) 
(Document 8, page 1, paragraph 3, sentence 2) 
(Document 9, page 2, paragraph 4, sentence 2) 
(Document 10, page 2, paragraph 4, sentence 2) 
(Document 1 1, page 2, paragraph 4, sentence 1) 

5. The Discharge Action Memorandum and Staff Summary Sheet from the Staff Judge 
Advocate show that both my commander and the 21st Space Wing Commander 
recommended that I be retained as well (Document 12: page 1, paragraph 2, sentence 2 & 
page 2, paragraph 2, sentence 2). 

!<. 

c, 6. For background, I have inclutled the Legal Review Summary (Document 13, pages 1 - 

4) and my written response to the Article 15 action that occurred prior to my discharge 
(Document 14, pages 1-3). 

7. I have also included, for consideration, two award nominations (Documents 15 and 16) 
and my Enlisted Performance Reports (Document 17, pages 1-2 & Document 1 8, pages 
1-2).  These reflect that my actions were a departure from my normal and customary 
behavior. 

8. I did not have any additional misconduct during my service (Document 12, page 2, 
paragraph 4, sentence I). 

Please consider an upgrade of my discharge to Honorable and a reconsideration of my 
reenlistment status. 

Please understand that I am fully aware of the mistakes that I made, and that I deeply 
regret making these poor decisions.  I neither had nor have the desire to repeat these same 
mistakes again, nor to go through such a shameful ordeal again.  I hope that these 
documents show that, overall, I was a good airman who was respected and appreciated 
among my fellow Air Force members and civilian coworkers.  I would like nothing more 
than to have this discharge upgraded and have the opportunity to reenlist. 

Thank you for your time, 

Supporting Documents List: 

1. AFI36-3208, Administrative Separation of Airmen (In reference to Document 1, page 
1, paragraphs 5.55.2.1.2 and 5.55.2.1.3). 

2. USAF Drug Testing Laboratory toxicologist letter (In reference to Document 2, page 
I, paragraph 4, sentence 1). 

3. ADAPT (Alcohol and Drug Abuse Prevention and Treatment) evaluation 
(In reference to Document 3, page 1, paragraph 2, sentence 3). 

4. Supporting character references: 

(In reference to Document 4, page I, paragraph 3, sentence 2). 
(In reference to Document 5, page 1, paragraph 2, sentence 6). 
(In reference to Document 6, page 1, paragraph.3, sentence 3). 
(In reference to Document 7, page 1, paragraph 1, sentence 3). 
(In reference to Document 8, page  1, paragraph 3, sentence 2). 
(In reference to Document 9, page 2, paragraph 4, sentence 2). 
(In reference to Document 10, page 2, paragraph 4, sentence 2). 
(In reference to Document 1 1, page 2, paragraph 4, sentence I). 

5. Discharge Action Memorandum and Staff Summary Sheet (In reference to Document 
12, page 1, paragraph 2, sentence 2 & page 2, paragraph 2, sentence 2). 

6. Legal Review Summary (Document 13). 

7. Written response to Article 1 5 (Document 14). 

7.2 Award nominations (Documents 15 & 16). 

8. 2 Enlisted Performance Reports (Documents 17 & 18). 

DEPARTMENT OF THE AIR FORCE  ~ v = I " o ~ - -  
662 7 5  

i 

21ST SPACE WING (AFSPC) 

MEMORANDUM FOR 

FROM:  HQ AFSPCICCQ 

SUBJECT:  Notification Memorandum 

2.  The Reason for the Recommendation.  Between on or about  1' May 01 and on or 
about 30 May 02, you did, on divers occasions wrorrgfully use Percocet, a Sched~lle II 
controlled substance.  Punishment colisisted  of reduction to .the grade of Airman  First 
Class,  45  days  extra  duty,  and  a  reprimand,  dated  10  Mar  03.  An  Unfavorable 
Information File (UIF) was established on 14 Mar 03 (Atch 1). 

I. Recommendation.  I am  recommendirlg that  you  be discharged from  the  United 
States  Air  Force  for  Drug  Abuse.  The  authority  for  this  action  is  AFI  36-3208, 
Administrative Separation of Airmen,  para 5.54, 28 May 03.  If my recommendation for 
discharge  is approved,  your  service will  be characterized as  either  Honorable,  Under 
Honorable Conditions (General) or Under Other Than Honorable Conditions (UOTHC). 
I am recommending that your service be characterized as General. 

Defense Counsel, on a q iJ,  6 3  at  0 ~ 3 0 6   hours.  You may co - civilian counsel at 

3.  Separation Authority.  Copies of the documents will be forwarded to the separation 
authority in support of this recommendation.  The commander exercising Special Court- 
Martial jurisdiction  or  a  higher  authority will  decide whether you  will  be discharged  or 
retained  in  the  Air  Force  and,  if  you  are  discharged,  IIOW your  service  will  be 
characterized. 
If you  are  discharged, you will  be  ineligible for  reenlistment  in the Air 
Force. 

a.  You have the right to cons~llt counsel. 
b.  Military legal counsel has been obtained to assist you. 
c.  I have made an appointment for you to consult Captai 

your own expense.  plOL, 

nSN  7 31-  32d0 

iaf  7 3'-  777'  . 

4.  Legal Advice. 

, the Area 

5.  Submission of Statements. 

a.  You have the right to subrr~it statements on your own behalf. 
b.  Any 

authority to  consider  must  reach  me 
2003 (3 workdays)  unless you request and 

NLT 1600 hours on 

c. 

I will send your response to the separation authority. 

6.  Waiver. 
your failure will constitute a waiver of your right to do so. 

If you fail to  consult counsel or to submit statements on your own behalf,  . 

. 

7.  Medical Examin 
must report to  DI-. 
an examination. 

at 

, at  1360 

hours on  2 9  

- 

I 

ion.  You  have been scheduled for a medical examination.  Yo 

2003  fo, Y 

9.  Privacy Act.  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. 

10.  Acknowledgement.  Execute the  attached  acknowledgment  and  return  it to  me 
immediately. 

Attachments: 
1.  Nonjudicial Punishment, dated 10 Mar 03 w/UIF 
2.  Enlisted Performance Report (EPR) 
3.  Airman's  Receipt of Notification Memorandum 
4.  Permission to Proceed