AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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RECORD REVIEW 

NAME OF COIINSEL AND OR ORCANIZATIVN 

ADDRESS AND OR ORCANIZA rlVN Vb  COllNSFl 

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VOTE; OF 'I I4E BOARD 

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1  17 Nov 2006 

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DLNY 

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APPLICANT'S ISSW~AND'TH!~ BOARD'S DEClsLONAL UYATldNAL A&  DISCUSSED O N  THF ATTACHED AIR FORCE, DlSCHAROE REVIEW BOARD DFCISlON4L IW710N4L6 

I  FD-2004-00272 

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Case heard in  Washington, D.C. 

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

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

*  Reason and Autllority 
+  Reenlistment Codc 

SAhIMKHK 
550 (2  S I'R kt'[  WEST.  SlJlTE 40 
RANDOLPH AFB, TX 78 150-4742 

AIR bOHC k DISCHARGE REVIEW BOARD 
1535 COMMAND DR  EE WINC. 3RD FLOOR 
ANDREWS AFB, MD 10762.7002 

AFHQ FORM 0-2077, JAN  00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00272 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  tl~c reasoil  and 
authority for the discharge, and to change the reenlistment code. 

The applicant appeared and testified  before the Discharge Review Board  (DRB), without  counsel, at Travis 
AFB, CA, via video-teleconference  with Andrews AFB on 17 Nov 2006. 

The following additional exhibits were submitted at the hearing: 

Exhibit 5: Resume 
Exhibit 6: (8) Training Certificates 
Exhibit 7: FBI Complaint 

The attached brief contains available pertinent data 011  the applicant and the factors leading lo the discharge. 

FINDINGS:  Upgrade  of  discharge,  chalige  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment  code are denied.  'I'he  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: 

Issue 1.  Applicant coilte~lds there was an impropriety in his discharge from the Air Force.  1 le contends his 
discharge was improper because the evidence surrouilding his discharge was circumstantial.  This issue is 
without merit.  The records indicated the applicant received a Letter of Reprimand for wrongful possession 
and use of marijuana, following which the discharge action was pursued.  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. 

Issue 2.  Applicant states that his dischargc did not take into account the good things hc did uhile in the 
service.  The DRB took note of the applicant's duly performance as documented his performance reports, 
letters of commeildation and otl~cr inlorination contaiilcd in the records.  They found the seriousness of the 
willful misconduct offset any positive aspects of the applicant's  duty performance.  The Board concluded the 
discharge was appropriate for the reasons that were the basis for this case. 

Issue 3.  The applicant cited his desire to receive the (3.1. Rill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for thesc benefits, he signed a statement (DD Form 2366, on 
November 6, 1992) that he understood he must receive an Honorable discharge to receive future educatioilal 
entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant. but this is not a matter of inequity or impropriety which would warrant an upgrade. 

CONCLUSIONS: 
'lhe  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  dischargc  regulation  and  was  within  the  discretion  of  the 
discharge  authority  and  [hat the  applicailt  was  providcd  full  adininistrative  duc  process. 
In  view  of  the 
foregoing findings.  the  Board  further concludes  that thcre  exists no  legal or equitable  basis  for upgrade  ol' 
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 

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(Former A1C)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Charleston AFB, SC on 21 Jun 
95 UP AFL  36-3208, para 5.54 (Drug Abuse).  Appeals for Honorable Discharge, and 
to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 12 Apr 69.  Enlmt Age: 23 2/12.  DischAge: 26 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-83,  E-69,  G-78,  M-39. PAFSC: 3S031 -  Personnel Apprentice. 
DAS: 21 Feb 93. 

b.  Prior Sv: (1) AFRes 25 Jun 92 -  26 Oct 92 (4 months 1 day) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as 27 Oct 92 for 4 yrs. Svd: 1 Yrs 7 Mo 25 Das, all AMS. 

b.  Grade Status:  A1C -  27 Feb 94 
AMN -  27 Apr 93 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 04 MAY 95 -  Drug abuse. 

f.  CM:  None. 

g.  Record of SV: 27 Oct 92 -  26 Jun 94  Charleston AFB  4  (Initial) 

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

i.  Stmt of Sv:  TMS:  (2) Yrs  (11) Mos  (26) Das 

TAMS: (2) Yrs  (7) Mos  (25) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 12 Jul 04. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

ISSUES:  This discharge is improper because the evidence for my discharge was 
circumstantial.  The supporting witness was already in trouble with the OSI 
authorities and yg&r--iny-~~t-iga-ci-~,n. 
D117-S758735 A m :  
10D17-8758735 page 3-31. Also, this Airmen just wanted to go home due to him 
being so far from home.  As an added measure my record, up to me being 

(See OSI Report of Investigation #94310 

:  Page 4 of my OSI Report of Investigation 94 

C-.-.-....-.-.-....----------I. 

investigated, was outstanding, (Honor guard w/Achievement Medal, praise from 
MAJCOM &  etc ... see achievements) thus senseless grounds for discharge.  My current 
progression in life shows me trying to better myself and live a productive life. 

With this discharge, I will be able to use my Montgomery GI Bill.  I would also 
like to request that box 26  (Seperation (sic) code), box 27  (reentry code) &  28 
(Narrative reason for seperation (sic)) be reviewed if my discharge is upgraded. 

Finally, I'd like to get an appeal or extension of the 10 year limit to use your 
GI Bill.  I did not know that I would be unable to use it. 

ATCH 
1. DD Forms 214. 
2. HQ AMC/DPAET Message. 
3. AF Form 931, Airman Performance Feedback Worksheet. 
4. Air Force Achievement Medal. 
5. Smith Kline Beecham Clinical Laboratory Results. 
6. Two Certificates of Achievement. 
7. Six Training Certificates. 
8. Letter of Reprimand, 17 Feb 9 5 .  
9. Withdrawal of Letter of Reprimand, 4 Apr 95. 
10. Memorandum For 437 MSS/CC, Requested Statement. 
11. Letter of Reprimand, 4 May 95. 
12. Response to Letter of Reprimand, 22 May 95. 
13. Receipt of Notification Memorandum. 
14. Notification Memorandum. 
15. Report of Investigation. 
16. AF Form 1168. 
17. Legal Review, 9 Jun 95. 
18. Memorandum For 4 3 7   MSS/MSMUR, 9 Jan 95. 

DEPARTMENT OF THE  AIR  FORCE 
HEADQUARTER8  437TH AIRLIFT  WING  (AMC) 

........................................... 
MEMORANDUM FOR A1 C ; ........................................... 
FROM:  437 MSSICC 

SUBJECT:  Notification Memorandum 

i437MSS 

5  June  1995 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct, 
specifically Drug Abuse.  The authority for this action is AFPD 36-62 and AFI 36-3208, 
paragraph 5.54.  If my  recommendation is approved, your service will be characterized as 
honorable or general.  I am recommending that your service be characterized as general. 

2.  My reasons for this action is:  On or about 17 December 1994, you wrongfully used 
marduana.  This misconduct is evidenced by a Letter of Reprimand dated 4 May 1995 
(Atch  1) and a Office of Special Investigations Report dated 6 February 1995 (Atch 2). 

Copies of 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 your 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 
; at 
assist you.  I have made an appointment for you to consult Captain; 
Area Defense Counsel, Building 503, Room  1 19 on 5 June 1995 at -0930-.--Y6fi-iiiy- 
consult civilian counsel at your own expense. 

..................... 

4.  You have the right to submit statements in your own behalf  Any statements you want 
the separation authority to consider must reach me by  %xd Q5unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

5.  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 so. 

6.  You have been scheduled for a medical examination.  You must report to 437th 
Medical Group, Physical Exams at 07 1 5 on 8 June 1995 for the examination. 

7.  Any personal information you hrnish in rebuttal is covered by the Privacy Act of 1974. 
A copy of AFI 36-3208 is available for your use at 437th Mission Support Squadron 
Orderly Room. 

8.  Execute the attached acknowledgment and return it to me immediately. 

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Commander 

Attachments: 
1.  Letter of Reprimand, dated 4 May 95 
2.  OSI Repofi, dated 6 Feb 95 
3.  Airman's Receipt of Notification Memorandum (withdrawn)