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AIR FORCE DISCHARGE REVIEW BOARD HEARIIVG  RECORD 

ITIAI.) 

GKADE 

TYPE GEN 

PERSONAL APPEARANCE 

ADDRESS AND OR OR(~ANIZATI0N OF TOIINSLL 

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YES 

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MEMBER SITTING 

1SSllF.S  A66.00 

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INDEX NUMBER  A66.00 

HEARING DATE 

CASE NUMBLH 

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VOTE OF TliE BOARD 
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EXHIBITS SUBMITTED 1'0 THE BOARD 

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I  ORDER APPOINTING THE BOARD 

APPI.ICATION FOK  REVIEW OF DISC'IIAKGE 
1.ETTEK OF NO'I'IFICATION 
BRIEF OF PERSONNEL FILE- 
COIINSE1,'S RELEASE '1'0 THE ROARD 
ADDITIONAL EXHIBITS StJBMITTFD AT TIME OF 
PERSONAI, APPEARANCE 
I  TAPE RECORDING OF PERSONAI. APPEARANCE 

26 Jan 2006 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCVSSED ON THE ATTACHFD  AIR  FORCE DISCHARGE REVIEW BOARD DECISIONU KA'FIONALE 

FD-2004-00283 

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Case heard at Washington, B.C. 

Advise applicant of the decision of the Board and the right to submit an applicatiotl to the AFBCMR. 

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

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TO: 

SAFIMRBR 
550 C STREET WEST, StJII'E 40 
RANUOLPII AFB, TX 781 50-4742 

'  AFHQ FORM  0-2077, JAN 00 

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(EF-V2) 

SECRETARY OF TllE AIR FORCE PERSONNEL COUNCII 
AIR  FORCE DISCII.%RI;E REVIEW  BOARD 
IS35 ('OMMAXD  DR. EE W ING. 3RD FI.OOR 
ANDREWS AFR, M D  20762-7002 

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Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW ROAKD DECISIONAL RATIONALE 

CASE NUMBER 

p3)-2004-00283 

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

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  (DRB)  via 
videoconference  from  the  Florida  State Armory,  with  DRB deliberation held  at  Andrcws  AFB,  Maryland, 
but declined to exercise this right. 

Additional exhibits and evidence submitted:  None 

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

FINDINGS:  Upgrade of discharge is denied. 

The  Board  finds  the  applicant  submitted  no  issues  contesting  the  equity  or  propriety  of  his  discharge. 
Additionally,  the  Board  finds  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  that 
substantiates an inequity or impropriety that would justify  a change of discharge. 

ISSUE:  The applicant  submitted no  additional  issues that  challenged  either the  basis  for his  discharge or 
characterization  of his military service.  The  applicant received  a General discharge on  3 January 2002 for 
misconduct  - drug abuse.  Specifically, on 26 November  2001  the  applicant received  an Article  15 for the 
wrongful  use  of  marijuana.  In  his  written  response  to  the  Article  15, the  applicant  alleged  that  he  was 
"innocent,"  because  what "[he]  actually smoked was a cigar and not marijuana."  Additionally,  although not 
listed among reasons  for the  applicant's  discharge  in the Notification  Memorandum, the  applicant had  also 
received  three  Letters  of  Reprimand,  dated  3  October  2001,  12  October  2001,  and  14 November  200 1 
respectively, for being  late for duty on "numerous  occasions," failure to inspect a piece of mission essential 
equipment, namely a "CTK  LR 014," and failure to meet established dormitory standards on re-inspection of 
his  quarters.  The  Board  noted  the  applicant's  stellar  pre-service  record  wherein  he  maintained  high 
academic  standards,  achieving  membership  in  Who's  Who  Among  American  High  School  Students and 
acceptance to  attend the US Naval  Academy Preparatory  School, among other accolades.  Thus, the  Board 
considered  the  plausibility  that  the  charges  against  the  applicant  may  represent  an  aberration and  not  his 
overall  character.  Although the applicant  alleges  that he  has  "never  smoked marijuana  in  [his] life.. ."and 
believes that he was "duped"  into admitting he used the drug by  his friends, the Board was deprived  of an 
opportunity to  consider  an upgrade  of the  applicant's  discharge  either  through  his  verbal  testimony  or the 
presentation of other supporting evidence to the Board.  Therefore, with the presumption of regularity in the 
case  under  review,  the  Board  found  no  basis  upon  which  to justify  a  change  in  either  the  reason  for the 
applicant's discharge or the characterization of his military service. 

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  A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Luke AFB, AZ on 3 Jan 02 UP 
AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 7 Jun 82.  Enlmt Age: 18 7/12.  Disch Age: 19 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-99,  E-66,  G - 7 2 ,   M-50. PAFSC: 2A633 -  Aircrew Egress Systems 
Apprentice. DAS: 5 Jun 01. 

b.  Prior Sv: (1) AFRes 27 Jan 02 -  5 Feb 01 (LO days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AZC 6 Feb 01 for 6 yrs. Svd: 0 Yrs 10 Mo 29 Das, all AMS. 

b.  Grade Status:  AB -  26 Nov 01 (Article 15, 26 Nov 01) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 26 Nov 01, Luke AFB, AZ  -  Article 112a.  You, did, at 

or near Phoenix, Arizona, on or about 15 Sep 01, 
wrongfully use marijuana.  Reduction to AB.  (No appeal) 
(No mitigation) 

e.  Additional: LOR, 14 NOV 01 -  Failed dormitory room re-inspection. 

LOR, 12 OCT 01 -  Dereliction of duty. 
LOR, 03 OCT 01 -  Late for duty. 
RIC, UNKNOWN -  Late for duty  (mentioned on LOR, 3 Oct 01, 

MEMO FOR LGMC, 7 AUG 01 -  Missed appointment. 

missing from file) . 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of S v :   TMS: (0) Yrs  (11) Mos  (8) Das 

TAMS:  ( 0 )   Yrs  (10) Mos  (29) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Jul 04. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED 

DEPARTMENT OF THE AIR FORCE 

56th ,Component Repair Squadron (AETC) 

Luke Air Force Base, Arizona 

MEMORANDUM FOR AE 

FROM:  56 CRSICC 

SLTBJF~~T: Notification Memorandum 

DATE: 

DEC  1 1 2001 

56 CRS 

1.  I am recornmendng your discharge from the United States Air Force for Drug Abuse.  The 
authority for this action is AF'PD 36-32 and AFI 36-3208, paragraph 5.54.  If  my 
recommendation is approved, your service will be characterized as honorable, generd, or under 
other than honorable conditions.  I am recommending that your service be characterized as 
general. 

2.  My reason for this action is that on 26 Nov 01, you received and Article 15 for wrongful use 
of marijuana.  Your punishment included reduction to the grade of E-1. 

3.  Copies of the documents to be forwarded to the separation authority in support of  @is 
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, and if discharged, how your service will be characterized.  If you are discharged, you 
will be ineligible for reenlistment in the Air Force and will probably be denied enlistment in any 
component of the anned forces.  Any special pay, bonus, or education assistance funds may be 
subject to recoupment. 

4.  You have theright 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, at Building 1150, 
Suite 3015, Luke Air Force Base, Arizona, extension 6701, on  1 2 8cc 01 
hours.  You may consult civilian counsel at your own expense. 

at  1 a30 

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  1 5 3 0   / 4 D c c  o I unIess you 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 in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You must retrieve your medical records from the 56th Medical. Group Hospital Outpatient 
records and immediately report to Physical Exams, Building 810, with your medical records and 
your copy of this AFI 36-3208 discharge package for medical review and/or examination. 

8.  The Privacy Act of  1974 covers any personal information you furnish in rebuttal.  A copy of 
AFI 36-3208 is available for your use in your unit orderly room. 

9.  Sign the receipt of notification and return it to me immediately. 

\ Maj, USAF 

Commander 

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