AIR FORCE DISCIIARGE REVIEW BOARD HEARING RECOFW 

ITIAL) 

GRADE 

AMN 

I 

PERSONAL APPEARANCE 

NAMF OF COUNSFI. AND OR OR(;ANI7ATION 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION  01. ( O U N I L L  

MEMBER SI'TTING 

-- 

- 

' . 

* A   V 

-- 

HON 

2v:8h  Ca 

I  $$y>;:$ 

?(? 

p  Y OT'E OF TlIE BOARD 

, > 
G EN 

UOTHC 

OTHER 

TYPE GEN 

CDU~sE*6'b 

YES 

Nu 
X 

- 

DENY 

X 

X 

PERSONAL APPEARANCE 

~ U B X  

ITTED A T  TIME OF 

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