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AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

IITIAL) 

GRADE 

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TYPE GEN 

YES 

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No 

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PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

X 
ADDRESS AND OR ORGANIZATION O F  COUNSEL 

RECORDREVIEW 

MEMBER SITTING 

* A 
HON 

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VOTE OF THE BOARD 

GEN 

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OTHER 

I  DENY 

ISSUES  A93.09 

1  HEARINGDATE 
1  04 Jan 2006 

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EXHIBITS SUBMITTED TO THE BOARD 

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1  I  ORDER APPONTING THE BOARD 
2  1  APPLICATION  FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDNG OF PERSONAL APPEARANCE 

1  CASENUMBER 
I  FD-2005-00236 

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APPLICANT'S ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DiSCUSSED ON THE ATTACHED AIR FORCE DlSCHARGEREVlEW BOARD DECISIONAL  RATIONALE 

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 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

INDORSEMENT 

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FROM 

DATE:  1/4/2006 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR.  EE WING, 3 R D  FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00236 

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 just  wants  the  GI  Bill.  The records  indicated  the 
applicant received  an Article  15 for wrongfully using marijuana on divers occasions.  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 

ANDREX'S  AFB,  MD 

(Former AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Luke AFB, AZ on 12 Aug 03 UP 
AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 
2 .  BACKGROUND : 

a. DOB: 3 May 80.  Enlmt Age: 20 7/12.  Disch Age: 23 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-65,  E-55,  G-62,  M-42. PAFSC: 2W151 - Aircraft Armament Systems 
Journeyman. DAS: 20 Aug 01. 

b.  Prior Sv: (1) AFRes 28 Dec 00 -  29 Jan 01 (1 month 2 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  30 Jan 01 for 6 yrs. Svd: 2 Yrs 6 Mo 14 Das, all AMS 

b.  Grade Status:  AB  -  16 Jul 03  (Article 15, 16 Jul 03) 

A1C -  16 Mar 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 Jul 03, Luke AFB, AZ -  Article 112a.  You, did, 

within the continental United States, on divers 
occasions, between on or about 01 Jul 02 and on or about 
2 Jun 03, wrongfully use marijuana.  Reduction to AB, 
forfeiture of $575.00 pay per month for two months, and 
45 days extra duty. (No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 30 Jan 01 -  29 Sep 02  Luke AFB  5  (Initial) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (02) Yrs  (07) Mos  (15) Das 
TAMS: (02) Yrs  (06) Mos  (14) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 09 Jun 05. 

(Change   is charge  to Honorable) 

Issue 1:  For education reasons (GI Bill). 

ATCH 
None. 

756th Aircraft Maintenance Squadron (AETC) 

Luke Air Force Base, Arizona 

DATE: 

AUG 

1  2003 

MEMORANDUM FOR 

FROM:  756 AMXS/CC 

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 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 reason for this action is that between 1 Jul03 and 2 Jul03, you wrongfully used 
marijuana.  For this misconduct you received an Article 15, dated 16 Jul03.  Your punishment 
included reduction to E-1, Forfeiture of $575.00 pay per month for 2 months and 45 days extra 
duty.  An Unfavorable Information File was-established. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation will be provided to you.  The commander exercising special court-martial 
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 and any 
special pay, bonus, or education assistance funds may be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult the Area Defense Counsel, Building 1150, Suite 
3015, Luke ~ i r b o r c e  Base, Arizona, on 
consult civilian counsel at your own expense. 

h u   0 - at  \no 0 hours.  You may 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  b  huA  03  , unless you request and 
receive, in writing, an extension for good cause.  I will sen 
separation authority. 

y statements you submit to the 

6.  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. 

7.  You have been scheduled for a medical examination.  You must retrieve your medical records 
from 56th Medical Group Hospital Outpatient Records and immediately report to Physical 
Exams, Building 810, with your medical records and your copy of this discharge file for the 
medical examination. 

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

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9.  Sign the attached acknowledgment and return it to me immediately. 

Commander