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AIR FORCE DISCHARGE REVIEW ROARD HEARlNG RECORD 

- 

ITIAL) 

GRADE 

ION OF COIJNSEL 

MEMBER SITTING 

HEARING DATE 

1  23 Jan 2006 

FD-2005-00250 

I 

APPLICANT'S ISSUE AND T1K ROARD'S DECISIONAL RATlONM,  ARP DISCUSShD ON THE ATTACWD AIR FORCE DISCHARGE REVIEW ROARD DECISIONAL RATlONALE 

I 

I 

Case heard  via video-teleconference  between St. Augustine FL and Andrews AFB, MD. 

Advise applicant of the decision of the Board and the right to submit an application to the AFRCMR. 

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

. - 

SAFIMRBR 
550 C STREEI. WEST, SUlTE 40 
RANDOLPH AFR. TX 781 50-4742 

SFCRETARY  O F  THE AIR FORCE  PERSONNEL C'OCSCIL 
AIR FORCE DISCIIARCf  U V I E W  ROARD 
1535 COMMAND DR, EE WING, 3 W  FLOOR 
ANDREWS AFB. MD 20762-7002 

AFIIQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIlhlBER 

FD-2005-00250 

GENERAT,:  The applicant  appeals  for upgrade  of discharge to  honorable  and to change the reenlistment 
code. 

Thc applicant  appeared and testified before the Discharge Review Roard (DRB), without counsel, via video- 
teleconference between St Augustine, FJ.,  and Andrews AFB, MD on 23 January 2006. 

'[hc applicant submitted no additional documents at the hearing. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  TJpgrade of discharge and change of reenlistment code are denied. 

The  Roard  finds  that  neither  the  evidcncc  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSll E: 

Issue.  Applicant states that his discharge did not take into account the good things he did while in the 
service.  The DRB took note of the applicant's duty performance as documented by his performance reports, 
awards and decorations and other accomplishments.  'They found the seriousness of the willful misconduct 
offsct the positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

CONCLUSIONS:  The  Llischargc  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 lull administrative due process. 

In view of the foregoing findings the Hoard 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 

ATR FORCE DISCHARGE REVIEW BOARD 

ANDFUWS  AFB,  MD 

(Former AB)  (HGH SrA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr MacDill AFB, FL on 11 Feb 02 
UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Jun 78.  Enlmt Age: 19 0/12.  Disch Age: 23 7/12. Educ: BS  DIPL. 
AFQT: N/A.  A-67,  E-30,  (3-50, M-24. PAFSC: 33751 -  Fire Protection Journeyman. 
DAS:  29 Jun 0 1 .  

b.  Prior Sv: (1) AFRes 10 Jul 97 -  21 Oct 97 (3 months 12 days)(Inactive). 

months 06 days, all AMS.  AMN  -  22 Apr 98.  A1C  -  2 2   Feb 9 9 .  
EPRs:  5 , 5 , 5 .  

SwA -  22 Oct 00. 

(2) Enlisted as AB 22 O c t   97 for 4  yrs,  Svd: 03 yrs 07 

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 29 May 01 for 4 yrs. Svd: 00 Yrs 08 Mo 13 D a s ,   all 

AMS . 

b.  Grade S t a t u s :   AB  -  21 Dec  01 (~rticle 15, 21 Dec 01) 

c .   Time Lost:  None. 

d.  Art 15's:  (1) 21 Dec 01, Ramstein AB, Germany -  Article 92.  You, who 
knew or should have known of your duties, between on or 
about 25 Jul 01, and on or about 22 Nov 01, were 
derelict in the performance o f   your duties in that you 
negligently failed to repay your government travel card, 
as it was your duty to do.  Article 112a.  You did, 
within the state of Florida, on divers occasions, 
between on or about 1 Aug  00 and on or about 31 Jan 01, 
wrongfully use marijuana.  Reduction to AB, and a 
reprimand. (Appeal/Denied) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 10 May 01 -  02 Jan 02  Chievres AB  2  (Cmdr Dir)REF 

h.  Awards &  Decs:  AFAM W/1 DEV, AFTR, AFLSAR, AFOUA, AFGCM. 

i.  Stmt of S v :   TMS:  ( 0 4 )   Y r s   ( 0 7 )  Mos 

( 0 2 )   Das 
( 0 4 )   Yrs  ( 0 3 )   Mos  (21) Das 

TAMS: 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD  Fm 2 9 3 )   dtd  18 Jun  0 5 .  

(Change Discharge to Honorable) 

ISSUES ATTACHED  TO B R I E F .  

ATCH 
1. ~pplicant's Issues. 

To Whom It May Concern: 

My name is 

I am writing in regards to my discharge fiom 
the United States Air Force. On February 1 1,2002 I was discharged for misconduct with 
Under Honorable Conditions (General).  I h o w  that my actions at the time were 
unacceptable and not tolerated. I deeply regret the things I did and would do anyhng to 
have those days back, unfortunately, we all know life does not work like that. 

I would however, like the board to also look at my file and you will see that my 

accomplishments outweigh my failures. I represented the Air Force for four (4) years as a 
firefighter honorably. I received the Air Force Achievement Medal with (1) device; Air 
Force Training Ribbon; Air Force Longevity Service Medal; Air Force Outstanding Unit 
Award and Air Force Good Conduct Medal. 

Also I would like the board to h o w  that I did not let the discharge discourage me 

fiom continuing my education and advancement in the fire service. A couple of months 
later I was offered a job as a firefighter for Rural Metro FD at Sikorsky Aircraft in West 
Palm Beach. 

Finally, I would l i e  to thank the board for reviewing my file and giving me the 

chance to defend my status as an Honorable Airmen. I would truly appreciate it if the 
board would upgrade my discharge to Honorable. 

31/01 2002  10:32 FAX  480  9 7 4 1  

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DEPARTMENT OF THE AIR  FORCE 

86TH AlRLlR WING (U$AFE) 

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SUBJECT: ~oti.fication Mm~oranduln 

1. I arn rccommendiay your discharge froin the United States Air Forcc for Dl-g  Abuse.  'he 
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54.  if my 
rswmcnd ation i s  itpproyed, your service will bc chwactcri;r.ed,as hoi~o~ablrlc or ~enl;r+l. I  a111 
rdc~mmending that your sc&ce  be cheractcrbdd as g e u ~ ~ a l .  

. . 

2.  My reason for this actio)~ is I ~ : I [  you wrongfully used marijuana, a Scheclulc 1 controlled 
substance. For this incident, you rcceivcd nonjudicial punishn~ent duted 2 1  December 2001. 
Acldilionally, a-11 unfavorable inforrnntioil file (UIF) was estabjished (Atch  la). 

are attached.  The cornmai~der exercising SPCM jurisdictio~~ or a l~igher 

3  Copies of the documa-~ts to be forwarded to the separation aulliarity is suppbrt of this 
recoi~~n~e~~dat.ion 
aulhority will dccide whether you will be discharged or retained in the Air Force m d ,  if you  ai-e 
disch~pcd, how your service will be chatacicrized.  If yoti are discharged, you will be ineligible 
for reelilistment in !hc  USAF, and ally special pay, b o n ~ ~ s ,  or education assistance funds may be 
subject to recoupment. 

4.  You h,ave the right to consult counsel.  Military legal counsel has been obtained to assist 
you,  I have made an appointment for you to consult with, 
Area Defcnsc Co'unsel, Ramstein AB, GE, Building 2111, DSN 480-218212432  an 
23 JI(C-FJ 0 1  
expense. 

at  (0-9 hours.  You \nay consult civil~ix~i cou~lsel at your own 

-1 

5.  You have the right to submit statcrnents in your own behall'.  Any statements you want 
the sepurelion authority to consider must reach me by  Zg'SArJ ua2 at  lZwJ>  hours 
unless yo11 request nnd ~Aeceive an extensiou for good cause shown.  I will  send (hem lo the 
separation autholi ty 

6.  li'you fai.1 to co~isult coit,nscl or l o  su.bmit stateinents in your own behalf, your failure will 
col~sfirutc a waiver of your right to do so. 

31/01  2002 1 0 : 3 2   FAX  480  0 7 4 1  

86 AWIJAM 

@I  000 

you. If you wear contacts, you must be able to remove them 

2.  Airman's  liecciyt of Notiiicatio~i Memorandum