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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I I  1'1.41,) 

GRADE 

AIC 

PERSONAL APPEARANCE 

X 

NAMF OF (.OIJNSFI. AND OR C)R(;ANIWTION 

RECORD REVIEW 
- 

ADDRESS AND OR OR(;AN17AIION  Ok  COUNSEL 

- 

rH'E  GEN 
' : ' COUNSEL 
No 
X 

YES 

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MEMBER SITTINC; 

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INDEX NUMBER 

A66.00 

I  ORDER APPOINTING THE BOARD 

I  I 
2  1  APPLICATION FOR  REVIEW OF DlSCHARGE 
3 1  LETTER OF NOTIFlCATlON 
I 4  I  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SIJBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDMG OF PERSONAL APPEARANCE 

I 

HEARING DATE 

CASE NUhlBER 

14 Feb 2006 
A P P L I C W S  ISSUE AND TH6 EI0pRa.S DECISIONAL RATIONAL ARE  DLSCUSSED ON THli ATTACHED AIR  FMlCE PISCHAR@  M Y  IEW BOARD DECISIONAL RATIONALE 

FD-2005-00285 

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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. 

SAF/MRBR 
550 C STREET WEST, SUITE 40 
RAN W L P H  AFB, TX 78 150-4742 

SECRETARY  OF THE AIR FORCE PERSONNEI. COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAM) DR. EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

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AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

Previous edition will be used 

1 

1 

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AIR FORCE DISCHARGE REVIEW BOARD WECISTONAL RATIONAI,E 

CASE NUMBER 

FD-2005-Oo285 

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 dischargc. 

FINDINGS:  Upgrade of discharge is denied. 

The Board  finds the applicant  submitted  no issues contesting the equity or propriety  of the discharge, and 
after  a thorough  review  of the record,  the Board  was unable to identify any that  would justify  a change of 
discharge. 

ISSUE: Applicant contends that his discharge should be upgraded because of his post-service activities.  The 
records indicated the applicant received an Article 15 for misconduct.  The misconduct included wrongfilly 
using marijuana on divers occasions.  The Board discussed the Air Force policy on drug abuse.  The DRB 
concluded the misconduct was a significant departure from conduct expected of all military members.  The 
Board was pleased to see that the applicant was doing well and has enrolled in college.  However, no 
inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The 
characterization of the discharge received by the applicant was found to be appropriate. 

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 A m ,   MD 

(Former A1C)  (HGH sRA) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr Langley AFB, VA  on 1  Dec 04 
UP AFI  36-3208, para  5.54  (Drug Abuse).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 8 Feb 83.  Enlmt Age: 18 0/12.  Disch Age:  21 9/12. Educ: HS D I P L .  
AFQT: N/A.  A-51,  E-42,  G-33,  M-22. PAFSC: 3E151 -  Heating, Ventilation, Air 
Conditioning and Refrigeration Journeyman. DAS: 21 Mar 02. 

b .   Prior Sv:  (1) AFRes 23 Feb 01 -  13 Aug 01  (5 months 21 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 14 Aug  01 for 6 yrs. Svd: 03 Yrs 03 Mo  18 Das, all AMS. 

b.  Grade Status:  A1C -  02 Sep 04  (Article 15, 02 Sep 04) 

SrA -  28 J u l   03 
A1C -  28 Sep 01 

c.  Time Lost:  None 

d.  Art 15's:  (1) 2 Sep 04, Langley AEB, VA  -  Article  112a.  You, did, at 

or near the Commonwealth of Virginia, on divers 
occasions between on or about 1 Oct 02 and on or about 
15 Apr  04, wrongfully use marijuana,  Reduction to 
Airman.  Suspended forfeiture of $300.00 pay per month 
for 2 months.  Forty five days extra duty.  (No appeal,) 
(No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV:  (Examiner's Note:  Two E P R s   listed on Legal Review and 
Recommendation for Discharge.  April 03 with a rating of 5, and April 04 
with a rating of 5.  Both are missing from file). 

h.  Awards  &  Decs:  NDSM, AFTR. 

i.  Stmt of S v :   TMS:  (03) Yr-s  (09) Mos  (08) Uas 
TAMS:  (03) Yrs  (03) MOS  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd  13 Jul 0 5 .  

(Change Discharge to Honorable) 

(Change Discharge to Honorable) 

Issue 1:  I don't think the discharge I received was improper or inquitable, 
but the reason  I think it should be up-graded is because of my continuous effort 
of bettering myself and futnering ( s i c )   my education.  Thank y.ou for your 
consideration! ! 

ATCH 
1. College Admittance Letter. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS XST FIGHTER WING 

LANGLEY AIR FORCE BASE VA 

MEMORANDUM FOR 

FROM:  1 CESICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for drug abuse,  The 
authority for this action is AFPD 36-32, Military Retirements and Separations and AFI 36-3208, 
Administrative Separation of  Airmen, 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:  You, did,  at or near the Commonwealth of Virginia, on divers 
occasions from about 1 Oct 02 to on or about 15 Apr 04 wrongfully use marijuana.  For this 
incident, you received an Article 15 with a punishment of reduction to the grade of Airman, 
forfeiture of $300 pay per month for 2 months (suspended) and 45 days extra duty, dated 
2 Sep 04. 

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.  Other derogatory data that thp. xenaration authority 
)eceived notice 
may consider when characterizing your service is:  On  12 Apr 04, SSgt 
that you were past due on three payments on your military star card act,,,,,.  I or this incident, 
you received a verbal counseling documented in a memorandum for record (MFR), dated 
12 Apr 04. 

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 

at 

, on 

, at 

hours.  You  nay consult civilian counsel at your own expense. 

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 
unless you request and 
receive an exterlsion for good cause shown.  I will send thcrn 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 have been scheduled for a medical examination.  You must report to 

on 

, at 

hours for the examination. 

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 

9.  Execute the attached acknowledgements and return them to me immediately. 

Commander, 1 CES 

Colonel, USAF 

Attachments: 
la.  Article 15,2 Sep 04. 
lb.  MFR, 12 Apr 04. 
2.  Receipt of Notification Memorandum