1  NAME OF S E R v l r F  nrr;nnw*t. 

AIR FORCE DISCHARGE REVIEW ROARD HEARING KECORD 
in  . -- --- -- 

1 INl'll AL) 

GRADE 

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PERSONAL APPEARANCE 

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RECORD REVIEW 

ADDRFSP  4ND O H  OHGANIMTION OF COUNSFL 

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MEMBER SITTING 

1  ISSUES  A92.03 

HEARING DATE 

CASE NUMBER 

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EXHIBUS S U B M m E D  TO THE BOARD 

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1 
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[  ORDER APPOINTING THE BOARD 
1  APPLICATION FOR  REVIEW OF DISCHARGE 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAI, APPEARANCE 

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13 Feb 2006 
APPLICANTS LSSUE AND 1 HE BOARB'S DECISIONAL RATIONAI, AR6 DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW ROAKD DECISIONAL RATIONALE 

FD-2005-00279 

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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. 

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

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 7R 150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR  FORCE  PERSONNLI. COUNCIL 
AIR  FORCE DISCHARGE REVIEW  B 0 4 R D  
1535 COMMAND DR EE WING, 3RD FLOOR 
ANDREWS ATE, MD 20762-7002 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD IIECISIONAL KATIONALII. 

CASE NUMHER 

FD-2005-0027Y 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was ofSered a personal  appearance before the Discharge Review Hoard (DRB) but declined to 
exercise this right. 

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

F1NI)TNGS:  Upgrade of discharge is denied. 

The  Board  iinds  that  neithcr  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSIJE:  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, 
decorations  and  other  accomplishments.  The  records  indicated  the  applicant  received  an  Article  15 for 
marijuana use.  The Board discussed the Air Force policy on drug abuse.  They found the seriousness of the 
willf~il misconduct offset any positive aspects of the applicant's duty pcrformancc.  'The Board concluded the 
discharge was appropriate for the reasons which were the basis for this case. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
proccdural  and  substantive  requirements  of the  discharge  regulation  and  was  within  the  discretion  of the 
discharge authority and that the applicant was provided full administrative duc process. 

In view of the foregoing lindings the Board  further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not bc changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB,  MD 

(Former AMN)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Moody AFB, GA on 28 Dec 04 UP 
AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 14 Mar 8 0 .   Enlmt Age: 22 4/12.  Disch Age: 2 4   9/12. Educ: HS DIPL. 
AFQT: N/A.  A-35,  E-49,  G-46,  M-35.  PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 12 Jul 03. 

b.  Prior S v :   (1) AFRes 7 Aug 02 -  3 Feb 03  (5 months 28 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 4 Feb 03 for 4 yrs. Svd: 01 Yrs 10 Mo 25 Das, all AMS. 

b.  Grade Status:  Amn  -  29 Nov 04 (~rticle 15, 29 Nov 04) 

A1C  -  04 Jun 04 
Amn  -  04 A u ~  03 

c .   Time Lost:  None, 

d.  Art 15's:  (1) 29 Nov 04, Moody AFB, GA -  Article 112a.  You, did, at 
or near Moody AFB, GA, from about 14 Sep 04 to about 13 
Oct 04, wrongfully use marijuana.  Reduction to Airman, 
14 days restriction to base, and 14 days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  A F M  W/1 OLC, AFTR, NDSM, AFEM w / l   ~evice. 

i.  Stmt of Sv:  TMS: (02) Yrs  (04) Mos  ( 2 2 )   Das 
TAMS:  (01) Yrs  (10) Mos  (25) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 20 Jun  05. 

(Change Discharge to Honorable) 

Issue 1:  I am requesting a dischaxge upgrade from general to honorable.  I 

have served two tours of duty in Iraq.  I unfortunately experimented with 

DEPARTMENT OF THE AIR FORCE 

824TH SECURITY FORCES SQUADRON 
MOODY AIR FORCE BASE, GEORGIA 

DEC  l 6  2004 

MEMORANDUM FOR  AMN 

FROM:  CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct: 
Drug Abuse.  The authority for this action is AFPD 36-32 and AFT  36-3208, paragraph 5.54. 
If my recommendation is approved, your service will be characterized as an Under 
Honorable Conditions (General) Discharge. I am recommending that your service be 
characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reason for this action is:  From about 14 Sep 04 to about 13 Oct 04, you wrongfully 
used marijuana.  For this offense you received reduction to the gade of Airman, restriction 
to the limits of Moody AFB, Georgia, for 14 days, and 14 days extra duty as evidenced by an 
Article  15, dated 29 Nov 04.  (See Atch  1) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher 
authority will decide whether you will be discharged or retained in the United States 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. The separation authority 
will make the findings and recommendations required under  10 U.S.C. Section 2005(g). 

4.  You have the right to corlsult counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult Captain 
Austin Ellipse, on 
counsel at your own expense. 

hours.  You may consult civilian 

at 5107 

OY  , at 

1 \ : 30 

5.  You have the right to submit statements on your own behalf.  Any statements you want 
the separation authority to consider must reach me by three days from this notification unless 
you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

6.  If you fail to consult counsel or to submit statements on 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 report to Public Health, 
o C ~  , at  Or  30  hours for the examination.  Bring your 
Building 970 on  17 
medical records 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. 
A copy of AFI 36-3208 is available for your use at 347 RQWIJA. 

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

Commander 

, Capt, USAF 

Attachments: 
1.  AF Form 3070, dated 29 Nov 04 
2.  Receipt of Notification Memorandum