(AME OF SERVICE MEMBER (I,ASI',  FIRSI' MII>DLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

'YPE  GEN 

C'U'$EL 

I 

I 
I NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

I 

I 

I  X  I 

I 

I 

RECORDREVIEW 

ADDRESS AND OR ORGANIZATION  OF COUNSEL 

MEMBER SITTING 

-  VOTE OP@HE EiiARD 

I  I J o I ' H C " " ~ ~ " " ~ - D ; I ; ; Y -  

HoN 

GEN 

I 

.------------------------------------ 
ISSUES 

INDEX NUMBER 

A95.00 
AOI .OO 

- -- 

A66.00 

X*"I 

1 
2 
3 
4 

EXHIBITS SUBMITTED T O  THE BOARD 

ORDER APPOWTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
1,ETTF.K OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S  REI.EASE  TO THE BOARD 
ADDII IONAI, EXHIBITS  SUBMI1 1 ED AT TIME OF 
PERSONAL APPEARANCE 

1 AI'E  RECORDING OF PF.,RSONAL APPEARANCE IIE 

HEARING DATE 

21 Nov 2006 

CASE NUMBER 

FD-2003-00281 

2ase heard in Washington, D.C. 

4dvise applicant of the decision of the Board, the right to a personal appearance withlwithout  counsel, and the right to submit an 
ipplication to the AFBCMR 

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

Reason and Authority 

t  Reenlistment Code 

Y 

~ n .  

1 ". 

SAF/MWK 
550 C STREET WEST, SUITE 10 
RANDOLPH AFB, I'X 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

I

/

 " INDORSEhlENT 

DATE:  32/5/2006 

FROM: 

SECRET4RY OF THE AIR  FORCE  PERSOYhEL COUhClL 
AIR FORCE DISCH4RCE REVIEW  BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB. MD 20762-1002 

I 

(EF-V2) 

P r e v i o u s  edition will  be u s e d  

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00281 

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 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, change of reason and authority for discharge, and change of 
reenlistment code are 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 states he has matured over the last four years and cites his desire for reenlistment into the armed 
services.  The records indicated the applicant received an Article  15 and a Vacation for misconduct.  The 
applicant received an Article  15 for stealing a pack of cigarettes from AAFES.  He received a suspended 
reduction to Airman Basic, forfeiture of pay for two months and 2 1 days of extra duty.  The Vacation action 
was for illegal use of marijuana and failure to obey a direct order from military police.  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,  MI3 

.--------------------------------------- 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Pope AFB NC on 24 Sep 02 
UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge, and to Change the RE Code, Reason and Authority for Disch. 

2.  BACKGROUND : 

a. DOB: 1 Aug 83.  Enlmt Age: 17 3/12.  Disch Age: 19 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-57,  E-49,  G-55,  M-44. PAFSC: 4B031 - Bioenvironmental 
Engineering Apprentice.  DAS: 12 Dec 01. 

b.  Prior Sv: (1) AFRes 06 Nov 00 -  18 Jun 01  (7 months 13 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Jun 01 for 4 years. Svd: 01 Yrs 03 Mo 06 Das, all 

AMS . 

b.  Grade Status:  AB -  22 May 02, (Vacation of Suspension, 4 Sep 02) 

A m  -  19 Dec 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 04 Sep 02, Vacation, Fort Bragg, NC -  Article 112a. 

You, did, within the continental US, between on or about 
1 Jun 02 and on or about 23 Jun 02, wrongfully use 
marijuana .  Article 92.  Ysn~,--l-g~i~g 
lawful order issued by Sgt; 
Police, to wit: to directly report to either gate 
entering Pope AFB, an order which it was your duty to 
obey, did, at or near Fayetteville, NC, on or about 23 
Jun 02, fail to obey the same by not reporting to a gate 
on Pope AFB.  Reduction to AB,  (No appeal)  (No 
mitigation) 

'  Fort Bragg Military 

knowledge of a 

( 2 )   22 May 02, Fort Bragg, NC -  Article 121.  You, did, on 

or about 29 Apr 02, steal a pack of cigarettes, of a 
value of less than $100, the property of Army and Air 
Force Exchange Service (AAFES) Shopette.  Suspended 
Reduction to AB.  Forfeiture of $50 pay per month for 2 
months, 21 days extra duty and Reprimand.  (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:  (01) Yrs  (10) Mos  (19) Das 
TAMS: (01) Yrs  (03) Mos  (06) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 2 May 06. 

(Change Discharge to Honorable, and Change the RE C o d e ,   Reason and Authority 

for Discharge) 

Issue 1:  I would like to upgrade my reenlistment code because I am 

interested in serving the U. S. Armed Forces again in their greatest time of 
need.  I have matured over the past four years and I know I will be a great 
asset to my country.  Please upgrade my reentry code to an acceptable code for 
reenlistment in any branch of service. 

ATCH 
None . 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 43D AIRLIFT WING (AMC) 
POPE AIR FORCE BASE NORTH CAROLINA 

MEMORANDUM FOR AB ! 

------------------------------------------. 
.------------------------------------------ 

: I, 43 MDOS 

FROM:  43 MDOSICC 

379 Maynard Street 
Pope AFB NC 28308 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for drug abuse.  The 
authority for this action is AFPD 36-32 and AFT  36-3208, paragraph 5.54.  This action could 
result in your separation with an under other than honorable conditions discharge, if the 
convening authority determines such characterization is warranted and diiects initiation of a 
discharge board.  I am recommending that your service be characterized as general. 

2.  My reason for this action is between on or about 1 Jun 02 and on or about 23 Jun 02, you did, 
within the continental United States, wrongfully use marijuana, as documented by an AF Form 
366, Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, dated 4 Sep 02. 

-A 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The 43d Airlift Wing Commander, who exercises SPCM 
jurisdiction, or a higher authority will decide whether you will be discharged or retained in the 
Air Force.  If you are discharged, you will be ineligible for reenlistment in the Air Force. 

4.  You have a right to consult counsel.  Military legal counsel has been obtained to assist you. 
Contact SSgt White (394-2362) at the Area Defense Counsel's office immediately after being 
served with this notification memorandum.  At that time an appointment will be scheduled for 
you to consult Capt Wirtanen, the Area Defense Counsel.  Instead of the appointed counsel, you 
may have another, if the lawyer you request is in the active military service and is reasonably 
available as determined according to AFI 5 1-20 1.  In addition to military counsel, you have the 
right to employ civilian counsel.  The Air Force does not pay expenses incident to the 
employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

5.  You have the right to submit a statement on your own behalf.  Any statements you want the 
separation authority to consider must reach me by  A3 *.at 
receive an extension for good cause shown.  I will send them to the separation authority. 

unless you request and 

y.;,.-f 

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

AMC-Global  Renclz for America 

7.  Any,personal idormation you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208, is available for your use at the orderly room. 

Commander 

Attachment: 
AF Form 366, dated 4 Sep 02