AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDD1.E  INl.fIAL) 
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TYPE  GEN 
counseL 
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PERSONAL APPEARANCE 

NAME O F  COUNSEL AND O R  ORGANIZATION 

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MEMBER SITTING 

GRADE 

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AFSNISSAN 

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RECORD REVIEW 

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ADDRESS AND OR ORCANIZA I ION O F  COlINSEl 

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",, " ''%  * -  VOTE OF THISzpOAHD 

I  UOTHC 

I  O l  HER 

HON 

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DENY 

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EXHlRlTS SUSSII'ITED TO THE BOARD 

I  ORDER APPOINTING  THE.  HOARD 

1 
2  1  APP1.ICA'I.ION 1:OR  REVIEW OF DISCtIAKGE 
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4 

1.ETTER OF NOTIFICATION 
BRIEF' OF PERSONNEL, F I I I  
COUNSEL'S REI,EASE TO THL BOARD 
ADD1 I'IONAL CXHIRlTS SlJBMl I  I bD AT TlMF OF 
PERSONAI, APPEARANCI: 

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HEARING DATE 

CASE NUMRER 

TAPE RECORDING OF PERSONAI,  APPtAKANCE 

10 Aug 2006 
AYPLICAhT'S ISStlt AYD 1 HE BOARD'S OE(  I>lOl\r\L  RKI'IONN ARE DISCUSSED ON THE ATTACtIED AIR  tORCk OISCHARGE REVIEW B O W  DECISlOKAL  RATIONALE 

FD-2005-00315 

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Case heard in 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. 

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I ~ L M H s E . ~ E I \ ' T  

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FROM: 

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TO: 

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SAFIMRAR 
550 C STREET WEST, SUITE 40 
RANDOI.PH  AFR, TX 78 150-4742 

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DATE: 8/25/2006 

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SLCIU3TARY  O F  THE AIR FORC'E  PERSONNEL COllNCll 
AIR  FORCE DISCHARGE REVIEW ROARD 
1535 COVMAND DR, FF  \\I\(,,  31tU  FLOOR 
A\DHL\\S  AkB. MU 2V762-70112 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00315 

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: 

Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh. 
Applicant contends she was on active duty for 32 months and never received a reprimand.  The records 
indicated the applicant received an Article  15 for misconduct.  'The Article  15 was for wrongfully  soliciting 
to possess marijuana by asking another person to purchase on her behalf:  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. 

If she can provide additional documented information to substantiate an issue, the applicant should consider 
exercising her right to make a personal appearance before the Board.  If she should choose to exercise her 
right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual 
evidence of the inequity and any exemplary post-service  accomplishments as well as any contributions to the 
community. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent with thc 
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 A1C)  (HGH AlC) 

MISSING MILITARY PERSONNEL RECORDS 

1.  MATTER  UNDER REVIEW:  Appl rec'd  a GEN Disch fr Minot AFB, ND on 2 Jun 05 UP 
AFI 36-3208, para 5.52.3 (Misconduct -  Commission of a Serious Offense).  Appeals 
for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Nov 83.  Enlmt Age: 18 2/12.  Disch Age: 21 6/12. Educ: HS DIPL. 
AFQT: N/A.  A-71,  E-60,  G-72,  M-73. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 2 Feb 03. 

b.  Prior Sv:  (1) AFRes 30 Jan 02 -  9 Sep 02  (7 months 11 days) (Inactive) . 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 10 Sep 02 for 4 yrs. Svd: 02 Yrs 08 Mo 24 Das, all AMS. 

b.  Grade Status:  A1C -  10 Jan 04 
~ m n  -  10 Mar 03 

c .   Time Lost:  None. 

d.  Art 15's:  (1) 27 Jan 05, Minot AFB, ND  -  Article 134.  You did, in 

the state of North Dakota, between on or about 10 Aug  04 
to on or about 31 Aug 04, wrongfully solicit Specialist 
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!to possess marijuana by asking Specialist 
Rau to purchase marijuana on your behalf.  Suspended 
reduction to Airman.  Thirty days extra duty  (in excess 
of 15 days suspended).  Reprimand. (No appeal) (No 
mitigation) 

e.  Additional: None. 

f.  CM:  none. 

f.  Record of SV: (Following performance reports are missing). 

10 Sep 02 -  09 May 04  Minot AFB  4  (Initial) 
10 May 04 -  09 May 05  Minot AFB  2   annual)^^^ 

h.  Awards &  Decs:  AFTR, NDSM, GWOTSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (04) Mos  (03) Das 
TAMS: (02) Y r s   (08) Mos  (24) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01 Aug 05 

(Change Discharge to Honorable) 

Issue 1:  My discharge was inequitable because in my 32 months on active 
duty, 1 never received any type of reprimand.  After reporting drug use, the 
person I reported accused me of drug use in retaliation.  I was given an Article 
15 for wrongful solicitation.  I accepted the Article 15, maintaining my 
innocence, only to avoid a threatened court martial &  continue my career.  Four 
months later I was served with discharge papers.  I fought the unjust discharge 
unsuccessfully.  I was treated unfairly. 

ATCH 
1. Article 15, 27 Jan 05. 
2. Discharge Documents. 
3 .  Five Character References. 
4. DD Form 214  (Member 1 &  4). 

'FROM  : T P ~  

' 

m 

FW NO.  : 8063!H8081 

DEPARTMENT OF THE AIR FORCE 
HEADQUARlTRS 5th BOMB WINO (ACC) 
MINOT AI k FORCE' BASE, NOKtH DAKOTA 

Oct.  28  2005  02:46PM  P11 

~rn-0 

3 1 5  

10 May 2005 

MPMORANnUM FOR AIC 

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; 5 SFS 

.  . 

FROM:  S SFSICC 
SUaJEm. Letter of Notificntion - AFT  36-3200, Paragraph 5.52.3 
1.  I anl. recommending your discharge fkom the United S t ~ t e s  Air Force for misconduct, 
&-pecific;rlly, commission of,n serious offenso.  The authority for t h i ~  mtion is AFPD 36-32, Milltajy 
KetIr~rnent.9 and Sepurutiom, 14 Jul93, and AFI 36-3208, Adminttrotiv~ Separation of Airman, 
9 Jul04, Chapter 5, Swtion H, Paragraph 5.52.3.  If my rccomrnendntion is approved, your 
d i s c m e  will he characterized aa gmcral or honornbla. 1 'am recommending your scrvica be 
charactmized as general. 

2. My r a s n  for this action:  You did, in the state of NorthD&g&  belwgen on of about 10 Aug 
04 to on or about,N -Au~QA.wpn~fully solicit Specialist 1 ---------------- !to possess marijuana by 
asking Speoialist 1- --- ----- --- -- -1 to prrrch~e ~narijuana pn your behalf.  You were punisllad 
under Arb'cle 13 ofthe UCMI on 27 Jan 05.  (At&  1) 

3.  Tlle ktter of Notification wi lh at ta~hme~~ts will he fotwardcd to tI1c separation uulhority in 
support of lhis nxammcndatio~a. Thc comixlandor cxcrcieieg Spccial Court Martial jurisdic~inn 
(5 BW/CC) or a ligltcl* authority will decide wliether you will be discharged or rebin.4 in thc hir 
Fom, !and if you are discharged, how your service will be chartscterifd.  If you are dis~hurged, you 
will bc incligiblc for reenlistment in the Air Forcc. 

4,  You have the right to consult counsel.  Militmy legal 
I have  made an appointmen1 for you to consult Capt \-- --- ----- --- -. 1,  h a  Defense Counsel, at 
300 Summit Drive, Room 306A, Wednesday, I1 May 2005 at 0930. You rnay consult civilian 
cow~scl at your own expense. 

oounstl bas bccn obluind to assist you. 

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5, You have Ihe right to submit statements on your own bchalf.  Any statements you want the 
separation wtlnrity to candder must rcach me by  i s-  hours on 1 2205, ullloss you 
reques~ and receive an oxtonsion for good causc shown,  1 will send any stntemez~b you provide 
to thc sapamtion authority. 

6. If you fail to coilsult counscl or to subinit statcmcnls on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You lrave bm schcd~\lecl for a xncdical ekmination.  You mud report to t\le 5th Medical Group 
Hospital, 10 Missile Avmuq Mhot AFB, ND, Monday, 23 May. at 1 1 :40 for tho exnmintltion. 
You must not drink d w  holic bcveragau 72 hours prior to tha exam. 

R e c e i v e d   T i m e   Oct.  28. 

1:37PM 

' FROM  : T V .

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FF1\( NO.  : 80Ei3546881 

Oct.  28  2065  02!d7PM  P i 2  

8,  The Privacy Act of 1 974 covcrs any p ~ ~ ~ l
AFI 36-3208 is available for your uee ia tho Ordcrly Room. 

information you fiunish in rebuttal.  A capy of 

l ~ !  

9.  Sign the attached acki-towlcdgment und thc Statcmcnt of Undentanding and tetwn thcm to mc 
immediately. 

C.....................-.-.-.-.-.-............-.-.-.-.-.-...' 

Commander, 5th Scc~uily Forces Squadron 

Atta~hments: 
1.  Receipt o f  Lcttcr of Notification 
2.  Statemant of Wndcratatiding 
3.  AP Form 3070, Record of Noiijudicial Punishment Proceedings, 28 Jan 05 

R e c e i v e d   Time  O c t .  28. 

1:37PM