AIR FORCE DISCIIARGE REVIEW BOARD HEARING RECOFW
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PERSONAL APPEARANCE
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e applicant of the decision of the Board, the right to a personal appearance witWwithout counsel, and the right to
t an application to the AFRCMR.
ames and votes will be made available to the applicant at the applicant's request.
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742
SECRETARY O F THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE W V I L W BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS Am, MD 20762-7002
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
VU-2005-00326
GENERAL: The applicant appeals for upgrade of discharge to honorable.
The applicant was ofyered a personal appearance before the Discharge Rcview 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.
ISSUES
1. Applicant contends discharge was inequitable because it was based on two relatively minor incidents.
Thc records indicated the applicant received two Article 15s and a Letter of Counseling for misconduct. The
misconduct included possession of eleven Percocet pills, a Schedule I1 controlled substance, soliciting
another airman to sell his Percocet pills, disobeying a lawful order by consuming more than two alcoholic
beverages in a day while deployed Manas AB, Kyrgyz Republic, and a computer security violation. The
DRB opined that through these administrative actions, the applicant had ample opportunities to change his
negative behavior. The records indicated that the applicant was self-referred to Life Skills for alcoholism
and enrolled into the ADAPT program in November 2002. The death of the applicant's best friend in Iraq
was taken into account by the DRB. The board also discussed the Air Force Policy on drug abuse. The
Board concluded the rnisconduct 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.
2. 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 and other
accomplishments. They found the seriousness of the willfbl misconduct offset any positive aspects of the
applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which
were the basis for this case.
3. The applicant cited his desire to receive the (3.1. Bill benefits as justification for upgrade. The DRB noted
that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on September 9,
2000) that he understood he must receive an Honorable discharge to receive future educational entitlements.
The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is
not a matter of inequity or impropriety which would warrant an upgrade.
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 AMN) (HGH SRA)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Little Rock AFB, AR on 10 Aug
04 UP AFI 36-3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable
Discharge.
2. BACKGROUND :
a. DOB: 4 Jun 82. Enlmt Age: 17 7/12. Disch Age: 22 2/12. Educ: HS D I P L .
AFQT: N/A. A-77, E-77, G-68, M-58. PAFSC: 6F051 - Financial
~anagement/Comptroller Journeyman. DAS: 17 Feb 01.
b. Prior Sv: (1) AFRes 21 Jan 00 - 28 Aug 00 (7 months 8 days) (Inactive).
3 . SERVICE UNDER REVIEW:
a. Enlisted as AB 29 Aug 00 for 4 yrs. Svd: 3 Yrs I1 Mo 20 Das, all AMS
b. Grade Status: Amn - 29 Jun 04 (Article 15, 29 Jun 04)
SrA - 29 Aug 03
A1C - 28 Dec 01
A m - 28 Feb 01
c . Time Lost: None
d. Art 1 5 ' s :
(1) 29 Jun 04, Little Rock AFB, AR - Article 112a. You
did, on or about 5 May 04, wrongfully possess eleven
(11) pills of Percocet, a Schedule I1 controlled
substance. Article 134. You, did, between on or about
11 Apr 04 and on or about 4 May 04, wrongfully solicit
A1C
to sell you his prescription pills
of Percocet, by continuously harassing him to sell you
the pills until he sold them to you on 5 May 04.
Reduction to Airman. Suspended forfeiture of $668.00
pay. (No appeal) (No mitigation)
(2) 6 Jan 04, Little Rock AFB, AR - Article 92. You,
having knowledge of a lawful order issued by Col Steven
P. Kelley, 376 AEw/CC, to wit: Paragraph 11 of the Ganci
Community Standards, dated 12 Dec 03, an order which it
was your duty to obey, did, in the Kyrgyz Republic, on
or about 14 Dec 03 fail to obey the same by wrongfully
consuming more than 2 alcoholic beverages in a day.
Suspended reduction to AlC. Forfeiture of $100.00 pay.
Restriction to the limits of Manas AB, Kyrgyz Republic
for 60 days, unless otherwise required to perform
official duties. (No appeal) (No mitigation)
e. Additional: LOC, 11 MAR 02 - Security violation by not turning off
computer before leaving work.
f. CM: None.
g. Record of SV: 29 Aug 00 - 28 Apr 02 Little Rock AFB 4 (Initial)
2 9 A p r 02 - 2 8 A p r 03 Little Rock AFB 5 (Annual)
29 Apx 03 - 28 Apr 04 Little Rock AFB 3 (Annua1)REF
h. Awards & Decs: AFTR, NDSM, SAEMR, AFOUA.
i. Stmt of Sv: TMS: (04) Y r s (06) MoS ( 2 0 ) Das
TAMS: (03) Yrs (11) Mos (11) Das
4 . BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 12 Aug 05.
(Change Discharge to Honorable)
Issue 1: I believe my discharge was inequitable because it was based on two
relatively minor incedents (sic) in a 36 month period. I am requesting
c 1 emancy .
Issue 2: Remaining issues attached to Brief.
ATCH
1. Continuation of Applicant's Issues.
2. Character References.
3. DD Form 214.
4. Photo.
5. CD With Pictures, Files, and Awards
MEMORANDUM FOR: A R FORCE DISCHARGE REVIEW BOARD
FROM:
SUBJECT: Request to upgrade discharge
1. On 10 August 2004, I was separated under the characterization of General (with
honorable conditions). I had completed 3 years 1 1 months and 12 days of my enlistment.
I was separated with a general discharge because of two events in my career. The first
was that I broke the drinking limit of alcohol in a single day when X was deployed and the
second incident is I asked a co-worker if I could have the unused pain medicine they had
received from the dental clinic from a recent tooth surgery.
2. On both of those two particular occasions I did do what I was accused of. I did have
four drinks in a single day when the limit was two and I did ask a co-worker for their
medicine.
3. The start of my downward spiral in the military began when I was deployed to
Kyrgyzstan in the winter of 2003 through 2004. Everythxng started out great but then
tragedy struck. I received an ernail in mid November saying that my best friend Pvt.
lad just been killed in Iraq on a mission. I immediately started regressing in
feelings on sadness, guilt, and despair. After a couple of weeks I was released on a day
pass to go off base. During that day pass I had a great time with some new friends and
co-workers. During that pass I did violate the drinking policy at Manas AB. The next
day I was told I was being investigated for the violation and more information would
follow. One month later I was given an Article 15. I did not try to fight the charges, I did
not prolong the incident, and I cooperated to the best of my ability in hopes that I would
recover from the incident and continue with my successfhl Air Force career. I stood tall
with my head up to take the responsibility. The Article 15's punishment was not harsh by
any means. But the actual lingering dark cloud of the Article 15 what would affect me
later. I was having a hard enough time dealing with the death, the reality that it could
have very easily been me and the guilt that it was not me. The Article 15 process,
especially while in a deployed locations, without much support was too tremendous.
Everything I did was tainted by the Article 15. 1 was praised for my continued growth
but never allowed to overcome the one blemish in my career.
4. During the Article 15 process, I felt it would be wrong to discuss the double standard
at that base in the deployed location. I know this because I personally attended a party
with the wing commander, where he and I both consumed more than the two drink limit.
I in fact sat with him with a keg of beer while he talked to me about fighting in Vietnam.
The rest of the personnel at Manas could not enjoy the lenience. It was only for the
people that attended that personal party for the wing commander. My incident was just a
couple weeks after that. The rules were not clear, but I felt the right thing to do was to
own up to my acts and things would work out in the long run, but I was wrong, and the
decision to be submissive cost highly.
5. I still did not argue one bit on what they wanted to do. I'm not the kind of person that
would throw stones at others because I was standing in the fire. And an Airman trying to
say that it was unfair that a commander can drink all they want and then get me into
trouble that probably would have ended my career right then. I kept my mouth shut
hopping that a harsh punishment would not be delivered. The punishment with the
Akicle 15 was not devastating, but the fact of the ~ r t i c l e on my record is what sealed my
fate in latex months to come.
6. I just kept to myself for the remainder of the deployment. It was horrible feeling of all
the dread and gloom. I started getting sick a lot. I had to go to the base hospital a few
times for treatment of mood and sleeping disorders. No help was really able to be given
due to the lack of the proper medicines.
7. In March 2004, I rotated back to my stateside base extremely depressed and confused.
I immediately went to Mental Health and was given over to off base therapy. But also I
was drinking, like I've always had a problem with. I've been treated over the course my
career with alcoholism (SELF-ID) at the on base Medical Clinic, but with no success. I
just proved to them that I could go without using alcohol for a set amount of time and that
was good enough to be released from the program.
8. From the time of early March to early May. I was drinking heavily, every day, every
night. I was trying to deal with the emotions the best I could, but I hadn't learned how to
deal with my problems the proper healthy way, so I tried with alcohol. Towards the end
of April I was feeling better mentally. My life was starting to get back on track. I went
home to visit my family, I was going to therapy twice sometimes three times a week, and
I started realizing what I had to do to carry on.
9. I only had about four more months left in my enlistment at that time. I was heading
off in August to Iowa State University. I was enrolled in the ROTC program and
everything planned and falling into place perfectly.
10. I quit drinking cold turkey in April to start making the first steps to a better life, But
1 was hiding the fact that I had been drinking so much or even drinking at all from all
outside sources. No one knew. I quit by myself and started dealing with withdrawal
issues.
11. That was around the same time I heId a conversation with a co-worker where he said
that he hadn't used his medicine that was given to him for a recent surgery. I was feeling
terrible and I knew that his medicine would make me feel some kind of comfort. 1 know
now all I was doing is exchanging one evil for another. The co-worker brought the pills
and said he had them in his car. We went outside and he gave them to me. Immediately I
was apprehended by OSI.
12. I was released to my First Sergeant about an hour later where he took me over to Life
Skills/Mental Health. The doctor recommended that I get the proper treatment and go to
a rehabilitation hospital. I agreed with no question.
13. For the rest of the enlistment I completed the treatment plan that was laid out for me.
h July 2004 I was given an Article 15 for the attempt to get the medicine. And on 10
August 2004, I was discharged "General". My original Date of Separation was Aug. 28.
1.4. I started school a few days later just like I planned but without the help of the college
aid. The loss of the (3.1. Bill has ultimately been the most crushing aspect of this whole
ordeal. I was only able to complete one semester with the finances that I had. I was
forced to sell my vehicle to even pay for the tuition.
15. I would absolutely love to overload this letter with all the accomplishments that I've
optioned in the Air Force. I got a CCAF degree in my enlistment, I donated hundreds of
hours of my own time to help a Local child mentoring organization, I stayed at work too
many nights to count, alone to make sure I got all the work done for our customers. I
gave everything I had to my job.
16. Time after time I watched others win awards for doing half the work I was doing and
not giving any thought to extra education and service to the community. I never won a
single award for airman of the month, quarter, or year. Even with me giving everything I
had to my job, I never thought too much about the recognition given to others. I knew I
was doing a great job and my reward would be to go to school, attend ROTC, and come
back into the Air Force as an officer and make sure I tried to make a better environment
for others. That thought alone kept me at work all those nights. It kept me upbeat and
positive when I didn't win awards. I knew that one day my reward would come in some
way. That is the thought I held on too. And now it doesn't exist.
17. There are a few things I would like to put heavy emphasis on. I think that these few
things are very important. Even all the cards were dealt and eveqdung was said and
done. My commander even would say that I was an "above average troop7'. I went and
supported the war for this country. And I think what is most important to me is that I
served over 98.7 % of my enlistment.
18. 1 know I made bad decisions when I was going through that rough time. I have no
excuses for doing what I did. But if there was a punishment for those things, I guarantee
I've already endured it. I suffered for months of being told "no info yet". I walked
around for a month after being demoted two ranks before I was discharged. My own
CMSgt told me in a private meeting that the commander and no intention of discharging
me early and I was free to separate normally, then the next day I was told he
"misunderstood" the commander. 1 lost my G.I. Bill. I had to drop out of school, and 1
will never complete my goal of becoming an Air Force officer.
19. I gave four years of my life to the military and for my country. I did the best that I
could do. I tried so hard and I did accomplish so much. I am asking, requesting, urging,
and flat out begging that clemency be granted and my discharge be upgraded to
HONORAE3LE. If the boards decision is NO. I would like to say that being in the Air
Force was the greatest event in my life. I learned so much and I developed into a strong
person through the challenges. I don't regret one day about joining. And even without
the G.I. Bill, I am still the winner out of this experience.
Thank you so very much for your time and consideration.
DEPARTMENT OF THE AIR FORCE
314 COMPTROLLER SQUADRON
LllTLE ROCK AFB, ARKANSAS 72076
MEMORANDUM FOR AMN
FROM: 3 14 CPTSJCC
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 AFI 36-3208, paragraph 5.54. If my
recommendation is approved, your service will be characterized as an Under Honorable Conditions
(General) Discharge.
2. My reason for this action is on or about 5 May 2004, you wrongfully possessed 11 pills of
Percocet, a schedule I1 controlled substance. Between on or about 11 April 2004 and on or about
4 May 2004, you wrongfully solicited A l e
to sell you his prescription pills of
Percocet, by continuously harassing him to sell you the pills until he sold them to you on
5 May 2004. For your actions, you received nonjudicial punishment under Article 15 of the
UCMJ.
3. Addition Dero~atow Data
a. On or about 6 March 2002, you failed to turn your computer off and the screensaver was
disabled aAer you had left for the day. You were told of the security violation and to make sure
that you computer was turned off, but you failed to do so for a second time on 8 March 2002. For
your actions, you received a letter of counseling, dated 11 March 2002.
b. On or about 14 December 2003, you failed to obey an order by wrongfully consuming more
than two alcoholic beverages in a day. For your actions, you received nonjudicial punishment
under Article 15 of the UCMJ.
4. you have the right to consult counsel. Military legal counsel has been obtained to assist you. I
at 1255 Vandenberg
have made an appointment for you to consult Captain
Blvd, on 19 July 2004, at 1000 hours, You may consult civilian counsel at your own expense.
5. You have the right to submit statements in
separation authority to consider must reach
receive an extension for good cause shown.
you want the
unless you request and
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 then report to the Medical Clinic, located at 1090 Arnold Dr at 0820 hours on
19 July 2004 for your examination. You must fast 14 hours prior to the examination and may
drink only water during that time. You must not smoke 14 hours prior, nor may you consume
alcohol 72 hours prior to your examination. If you wear glasses, bring them with you. If you wear
contact lenses, bring a container to store them in during your eye examination.
8. Any personal information you fwnish in rebuttal is covered by the Privacy Act of 1974. A copy
of AFI 36-3208 is available for your use at orderly room.
9. Execute the attached acknowledgment and return it to me immediately.
Commander -
L
)I, ~ a l , uaAF
Attachments:
1. Supporting Documents
2. Receipt of Notification Memorandum w1Recoupment Statement
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