ORCANI7AT 

MEMBER SITTING 

INDEX NVRIRER 

dvise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to 
ubmit an application to the AFRCMR. 

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

550 C STREET' WESI-. SUITE 40 
RANDOlPH AFR, TX 78150-4742 

NEL COUNCIL 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOAR11 DECISIONAL RATIONALE 

CASE NlJMBER 

FD-ZU05-U0319 

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

The applicant was offered a personal appearance before the Discharge Review Hoard ( D m )  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, change of reason and authority for discharge, and change of reenlistment 
code are 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 changc of discharge. 

ISSUES: 

Issue  1.  Applicant contends discharge should be upgraded because he wants to reenlist and has learned his 
lesson.  The records indicated thc applicant received an Article  15 for misconduct.  The misconduct includcd 
stealing a bottle of f  Ialcion pills, a Schcdule IV controlled substance, from the United States Air Force, 
ingesting the IIalcion pills, showing up incapacitated for the proper performance of his duties as a result of 
previous wrongful overindulgence in drugs, and soliciting the urinalysis monitor to commit the offenses of 
dcrcliction of duty and false official statenlent by requesting that hc urinate into the applicant's  specimen 
cup.  The Board discussed the Air Force policy on drug abuse.  'The  Board concluded the willful misconduct 
was a significant departure from conduct expected of all military members.  The characterization of the 
discharge received by the applicant was found lo be appropriate. 

Issue 2.  'I'he  DRB was pleased to see that the applicant has established a good moral character, became a 
citizen of the United States, raiscd a family and is a good citizen. However, no inequity or impropriety in his 
discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the 
applicant appropriately characterized his term of 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 

ANDREtJS  AFB,  M D  

(Former AlC)  (HGH AlC) 

1,  MATTER UNDER REVIEW:  Appl. rec'd a UOTH Disch fr Mather AFB, CA on 30 Sep 91 
UP AFR 39-10, para 5-49d and 5-50.1 (Misconduct -  Drug Abuse).  Appeals for 
Honorable, and to Change the RE Code, Reason and Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 9 Oct 70.  Enlmt Age: 18 10/12. Bisch Age: 20 11/12. Educ: HS DIPL. 

AFQT: N / A .   A-67,  E-74,  G-52,  M-83. PAFSC: 90530 -  Pharmacy Specialist. 
DAS: 2 Mar 90. 

b.  Prior Sv: None. 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 23 Aug  89 for 4 yrs. Svd: 02 Yrs 01 Mo 08 Das, all A M S .  

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 5 Nov 90,  ath her  AFB, CA -  Article 121.  You did, on or 

about 23 Jul 90, steal a bottle of halcion pills, the 
property of the United States Air Force.  Article 112a. 
You did, on or about 24 Jul 90, wrongfully use Halcion, 
a schedule IV controlled substance.  Article 134.  You 
did, on or about 25 Jul 90, wrongfully communicate 
certain language, to wit: "would you pee in the cup 
about halfway and mix it", or words to that , _ _ effect, 
_ _ _ _ _ _ _ _ _ _ _ 
which language requested the said Sergeant ; - - - - - - - - - - - -  j 
- - - - - - - - - - -  
L - - - - - - - - - - 0' 
and false official statement, offenses under the code. 
Article 134.  You were, on or about 25 Jul 90, as a 
result of previous wrongful overindulgence in drugs, 
incapacitated for the proper performance of your duties. 
Suspended reduction to AB.  Forfeiture of $300.00 pay 
per month for 2 months  (in excess of $150.00 pay per 
month for 2 months suspended).  Thirty correctional 
c:ustody.  (No appeal)  (No mitigation) 

:  to commit the offenses of dereliction of duty 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 23 Aug  89 -  22 Apr 91  Mather AFB  3  (Initial) 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  ( 0 2 )   Yrs  (01) Mos  ( 0 8 )   Das 
TAMS: (02) Yrs  (01) MOS (08) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln 

(DD  Fm 293) dtd 27 Jul 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

Issue 1:  For Re-enlistment (Employment) purposes.  I have suffered the 

consequences of my actions which led to my discharge from the Air Force. 

Issue 2:  After discharge establish (sic) good moral character and became 

citizen of the United States of America, raised family and led an exemplary life 
with no other infraction that will put my good citizenship in question.  I want 
to be able to prove to my children and myself after recent changes in living 
situations (divorce, unemployment) that I learned my lesson.  14  (sic) yrs of 
humility, therefore, I request for the Boards consideration and forgiveness. 
The only justifiable way  for me to prove my sincerity is to have the chance to 
strongly support the country I swear to protect. 

ATCH 
None 

e 

DEPARTMENT O W H E  AIR FORCE  ' 
HEADQUARTERS 323D FLYING TRAINING WINO (ATC) 
MATHER AIR FORCE BASE CA  056B5-MMO 

@ 

F ~ w 5 - r n 3 V  

REPLY TO 
ATTNOF: 

CC 

SUBJECy;  N o t i f i c a t i o n   Letter--Board  Hearing 

2 4  MAY  199) 

1.  I  am  recommending  your  discharge  f r o m  t h e   United  S t a t e s   Air  Force  f o r   drug 
abuse  according  t o  AFR  39-10,  under  t h e   p r o v i s i o n s   o f   paragraphs  5-49d  and  5- 
50.1. 
Copies  o f   t h e   documents  t o  be  forwarded  t o  t h e   separation  a u t h o r i t y   t o  
support  t h i s   recommendation  are  attached; 

2.  My  reasons  f o r   t h i s   a c t i o n   a r e :  

a.  On  o r   about  23  J u l y   1990,  a t  o r   near  Mather  A i r   Force  Base,  you  d i d  
wrongfully  s t e a l   a  b o t t l e  o f   Halcion  p i l l s ,   t h e   property  o f   t h e   United  S t a t e s  
i n  v i o l a t i o n   o f  A r t i c l e   121,  UCMJ  as  evidenced  by  A r t i c l e   15. 
A i r   Force, 
5  November  1990. 

b,  On  o r   about  24  J u l y   1990,  a t   or  near  Mather  A i r  Force  Base,  you  d i d  
i n   v i o l a t i o n  o f  

wrongfully  use  Halcion,  a  schedule 
A r t i c l e   112a,  UCMJ,  as  evidenced  by  A r t i c l e   15,  5  November  1990. 

I V  c o n t r o l l e d   substance, 

c.  On  o r   about  25  J u l y   1990,  a t  o r   near  Mather  A i r   Force  Base,  you  d i d  
i n  t h e   cup 
wrongfully  communicate  c e r t a i n   language,  t o   w i t :  
requested 
about  halfway  and  p i x   i t - ' '  n r   w n r t - t ~  t o  t h a t   e f f e c t ,   which 
t h e   said  Sergeant' 
t o  commit  the  offenses  o f   d e r e l i c t i o n   o f  
duty  and  f a l s e   o f f ~ c i a l  sr.ar;ernenr;;-  offenses  i n  v i o l a t i o n   o f  A r t i c l e   134,  UCMJ, 
a s   evidenced  by  A r t i c l e   15, 
J u l y  
r e s u l t   o f   previous  wrongful 
1990, 
f n   drugs,  you  were  incapacitated  f o r   t h e   proper  performance  o f  
overindulgence 
your  duties, 
i n   v i o l a t i o n  o f  A r t i c l e   134,  UCMJ,  as  evidenced  by  A r t i c l e   15, 
5  November  1990, 

a t  o r   near  Mather  A i r   Force  Base,  as  a 

5  November  1990;  Further,  an  o r   about  25 

"would  you  pee 
language 

This  a c t i o n   c o u l d  

than 
3. 
honorable  conditions;  I am  recommending  t h a t  you  r e c e i v e   an  under  other  than 
honorable  c o n d i t i o n s   d i  scharge.  The  commander  e x e r c i  s i n g   SPCM  j u r i s d i c t i o n   o r  
I f  you  are 
a  higher  a u t h o r i t y   w i
discharged,  you  w i

l   be  i n e l f g f  b l e   f o r   reenlistment  i n  t h e   A i r   Force. 

r e s u l t   i n   your  separation  w i t h   an  under  o t h e r  

l   make  t h e   f i n a l   decision  i n  t h i s  matter. 

l

l

4.  You  have  t h e   r i g h t  t o :  

a.  Consult  l e g a l   counsel; 

b .   Present  your  case  t o  an  a d m i n i s t r a t i v e   discharge  board; 

c ;   Be  represented  by  l e g a l   counsel  a t  a  board  hearing; 

d,  Submit  statements 

the  board  hearing; 

i n   your  own  behalf  i n  a d d i t i o n  t o ,   o r   i n  l f e u  o f ,  

e .   Waive 

t h e   above  r i g h t s .   You  must  consult  l e g a l   counsel  before  making 

a  decision  t o  waive  any  o f  your  r j g h t s .  

l e g a l   counsel  Capf 

t o  c o n s u l t   her  on  28  May  1991 a t  0930. 

6.  M i l i t a r y  
extension 
42260,  has  been  obtained  t o  a s s i s t  you.  An  appurnrment  has  been  scheduled  for 
Instead o f   t h e   appointed  counsel, 
you 
you  may  have  another, 
i f  t h e   lawyer  you  request  i s   i n  the  a c t i v e   m i l i t a r y  
service  and  i s  reasonsably  a v a i l a b l e   as  determined  according  t o  AFR  111-1. 
I n  
a d d i t i o n   t o  m i l i t a r y   counsel,  you  have  t h e   r i g h t   t o  employ  c f v i l i a n   counsel. 
The  A i r   Force  does  n o t   pay  expenses  i n c i d e n t   t o  
the  employment  o f   c i v i l i a n  
counsel.  C i v i l i a n   counsel,  i f  employed,  must  be  r e a d i l y  a v a i l a b l e .  

B u i l d i n g  2844, 

7.  Confer  w i t h   y o u r   counsel  and 
specify1 ng  t h e   r i g h t s  you  choose  t o  exercise.  The  statement  must  be  signed  i n  
the  presence  o f  your  counsel  who  a l s o   w i
r i g h t  
t o   a  hearing  before  an  a d m i n i s t r a t i v e   discharge  board,  you  may  submit  w r i t t e n  
i n   your  own  behalf.  I w i l l   send  t h e   statements  t o  the  discharge 
statements 
I f  
a u t h o r i t y   w i t h   t h e   case  f i l e  t o  be  considered  w i t h   t h i s  
l   c o n s t i t u t e   a  waiver  o f  t h e   r i g h t  t o  t h e  
you  f a i l   t o   respond,  your  f a i l u r e  w i
board  hearing. 

i n   w r l t f n g ,   w i t h i n   7  workdays, 

l   sign  it.  I f  you  waive  your 

recommendations. 

l

r e p l y ,  

l

8.  Any  personal  i n f o r m a t i o n  you  f u r n i s h   i n  r e b u t t a l   i s  covered  by  t h e   Privacy 
Act  Statement  as  explained  i n  AFR  39-10,  attachment  6. 
i s  
a v a i l a b l e  
f o r   your  use  i n   B u i l d i n g  650,  323d  F l y i n g   T r a i n i n g   Wing  Hospjtal, 
Room  1-14-24. 

A  copy  o f   AFR  39-10 

9.  Execute  t h e   attached  acknowledgment  and  r e t u r n   i t  t o  me  immediately. 

I Squadron  Section 

Capt,  USAF,  MSC 

2  Atch 
1.  AF  Fm  3070,  Record  o f  Non- 
j u d i c i a l   Punishment  Proceedings, 
5  Nov  90 
2.  Airman's  Acknowledgment