-- - 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

N A ~ I F  C)F crnvlrr  M FM R E D   11  A C T   ~ D C T  M l n n l  F  INITIAL) 

GRADE 

AFSNJSSAN 

TYPE GEN 

PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

RECORD REVIEW 

X 
ADDRESS AND OR ORG4NIZATION  O F  COUNSEL 

- 

YES 

No 
X 

I 

I 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

GEN 

I  UOTHC 

OTHER 

I  DENY 

X 

X 

X 

X 

X 

ISSUES  A93.09 

INDEX  NUMBER 

A66.00 

1  HEALING DATE 

1  CASENUMBER 

EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 

1 
2 
3  1  LETTER OF NOTlFlCATlON 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL  APPEARANCE 

I  TAPE RECORDING  OF PERSONAL APPEARANCE 

1 

1 

04 Jan 2006 
APPLICANT S lSSUE AND THE. BOARD'S DECISIONAL  RATIONAL ARE DlSCUSSED ON THE ATTACHED AIR FORCE DISCHARGEREVIEW BOARD DECISIONAL  RATIONALE 

FD-2005-00207 

Case heard at 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, 

1  PICNATURE O F  RECORDER 

. 

I SIC-F 

BOARD PREQ~ENT  . 

Tn 

SAFNRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX  78150-4742 

L L T ~ V A D ~ M E N T  

* 

I  FROM. 

DATE:  1/4/2006 

_ 
SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMhlAND DR, EE  WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

-1 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00207 

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 does not  contest his discharge.  He merely states that he was having marital and finance 
issues at the time of his discharge and he would  also like to use his GI Bill benefits.  The records indicated 
the applicant received an Article  1.5 for wrongfully using marijuana on divers occasions.  In addition, he also 
received  two  Letters  of  Reprimand,  two  Letters  of  Counseling,  and  an  Unfavorable  Information  File  for 
dereliction of duty, failed to attend M-16 training twice, and failed to bring personal training gear to work as 
ordered.  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.  The applicant cited his desire to  receive  the G.I. Bill  benefits as justification 
for upgrade.  The DRB noted  that when the applicant  applied  for these  benefits,  he  signed a statement (DD 
Form  2366)  that  he  understood  he  must  receive  an  Honorable  discharge  to  receive  future  educational 
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:  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) 

MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Elmendorf AFB, AK on 27 Aug 
04 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Apr 82.  Enlmt Age: 19 5/12.  Disch Age: 22 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-70,  G-68,  M-65. PAFSC: 2A753 -  Aircraft Structural 
Maintenance Journeyman. DAS: 25 Jul 02. 

b.  Prior Sv:  (1) AFRes 28 Sep 01 -  07 Jan 02  (03 months 11 

days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 8 Jan 02 for 6 yrs. Svd: 2 Yrs 7 Mo 20 Das, all AMS. 

b.  Grade Status:  AB -  15 J U ~  04 (Article 15, 15 Jul 04) 

A1C -  22 Feb 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 15 Jul 04, Elmendorf AFB, AK -  Article 112a.  You, did, 
on divers occasions between on or about 23 Mar 04 and on 
or about 1 Jun 04, wrongfully use marijuana.  Reduction 
to AB, 45 days extra duty, and a reprimand. (No appeal) 
(No mitigation) 

e.  Additional:  (Examiner's Note:  The following infractions are missing 

from the file and were taken from the Notification Memorandum) 

LOR/UIF, 12 MAY 04 -  Failure to attend M-16 training. 
LOC, 21 APR 04 -  Failure to bring personal training gear to 

LOR, 08 MAR  04 -  Failed to attend M-16 training. 
LOC, 09 JUL 03 -  Dereliction of duty. 

work as ordered. 

f.  CM:  None. 

g.  Record of SV:  (Examiner's Note:  The following performance report is 
missing from file and has been taken from the Recommendation for 
Discharge.) 

08 Jan 02 -  5 Jul 03  Elmendorf AFB  5  (Initial) 

h.  Awards &  Decs:  NDSM, AFOUA, AFOSLTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (11) Mos  (01) Das 
TAMS: (02) Yrs  (07) Mos  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Apr 05 

(Changa  isc charge  to Honorable) 

:; 

Issue 1:  Was having marital and finance issues at time of discharge.  Also, 

would like to go to school on MGI Bill, but only can do with Honorable 
discharge. 

ATCH 
None. 

PACIFIC AIR FORCES 

MEMORANDUM FOR AB 

FROM:  3 EMSICC 

SUBJECT:  Notification Memorandum 

JUL  3 0  2004 

1.  I am recommending your discharge fiom the United States Air Force for drug abuse, 
specifically, marijuana.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.54.  If my recommendation is approved, your service will be characterized as 
honorable or general.  I am recommending your service be characterized as general 

2.  My reasons for this action is:  Between 23 Mar 04 and 1 Jun 04, you wrongfully used 
marijuana.  Following a random drug test on 23 Apr 04, you tested positive for 
Tetrahydrocannabinol (THC), with a level of 50 nglml.  The DoD cutoff for a positive drug test 
is 15 nglml.  Also, on 1 Jun 04, you voluntarily consented to submit a urine sample.  The sample 
tested positive for THC, with a level of 49 nglml.  For your illegal drug use, you received Article 
15 punishment, dated 15 Jul04, consisting of a reduction to the rank of airman basic, 45 days 
extra duty, and a reprimand.  This Article 15 was filed in y o u  Unfavorable Information File 
(rm;) (Attachment 1 & 7). 

3.  Though not used as a basis for this discharge action, the following will be forwarded to the 
separation authority for review in consideration of y o u  service characterization: 

a.  On 30 Jun 03, you failed to ensure the Consolidated Tool Kit (CTK) had all tools 

accounted for.  On 8 Jul03, you failed to return the CTK to the main building and failed to 
ensure the CTK had all tools accounted for.  For y o u  misconduct you received a Letter of 
Counseling (LOC), dated 9 Jul03 (Attachment 2). 

. 

b.  On 4 Mar 04, you failed to attend M-16 weapons training.  For y o u  misconduct you 

received a Letter of Reprimand (LOR), dated 8 Mar 04 (Attachment 3). 

c.  On 21 Apr 04, you failed to bring your personal training (PT) gear to work as ordered for 
squadron PT.  You had to leave your duty section early to retrieve your PT gear fiom home.  By 
leaving early, you caused a strain on the section and y o u  co-workers.  For your misconduct you 
received an LOC, dated 21 Apr 04 (Attachment 4). 

d.  On 12 May 04, you failed to attend. M-16 weapons training. For your repeated misconduct 

you received an LOR, dated 12 May 04.  This LOR established y o u  LTIF (Attachment 5 & 7). 

e.  On 1 Juh 04, you were advised by Lt Col 

3 EMS/C,C, of your non-  . 

' 

recommendation for promotion to the grade oflsenior airmen, due to serving on a control roster 
- and the establishment of a UIF (Attachment 6). 

. 

. 

4.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attache&. The codmander exercising SPCM jdsdiction or a higher 
authority will decide whether you are 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, and any special pay, bonus, or education assistance funds may 
be subject to recoupment. 

5.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult Capt 
Room 330 on  3 o ~ i
expense. 

552-3887, at Bldg 10480, 
. You may c o m i v i l i a n  counsel at your own 

 
0 4  at 

/ o PD 

" 

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 three duty days after the date of this letter 
unless you request and receive an extension for good cause shown.  I will forward any statements 
you provide to the separation authority. 

7.  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. 

8.  You have been scheduled for medical examinations.  You must report, with your medical 
on  a Llu) 
records, to the 3rd Aerospace Medicine Squadron, Bldg 5595, at  6930 
for your first exam, at which time you will be notified of the time for your second exam.  Bring 
with you the Medical Assessment Letter @D Form 2697).  You are to refrain fiom alcohol for 
72 hours, and refi-ain fiom the use of tobacco products for 6 hours, prior to examination.  Bring 
eyeglasses (and contact solution if using contacts) if applicable.  You must be in uniform for 
these examinations. 

9.  Youhave been scheduled for a Transition Assistance Program briefing.  You must report to 
the Family Support Center at  4r(rs od 
for a TMO Household Goods Shipment preprocessing briefing.  You must report to Bldg 85.17 
04 
(People Center), Room 247 at  S 
all appointments. 

. You have also been scheduled 

. You must be in uniform for 

on &zxo 

on  ,  fob0 

I 

10.  Any personal information you furnish in rekuttal is coverd*by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use at vour Sauadron Orderlv Room. 

Commander 

Attachments: 
1. AF Form 3070,15 Jul04 
2;  LOC, 9 Jul03 
3.  LOR, 8 Mar 04 
4. LOC, 21 Apr 04 
5. LOR, 12 May 04 
6.  on-recommendation for promotion, 1 Jun 04 
7.  AF Form 1137