AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
. . . . . . . . . . . . . . . . . . . . . . . . . .  

L - - - - - - - - - - - - - - - - - - - - - - - - -  
TYPE  GEN 

PERSONAL APPEARANCE 

AND OR ORGANLZATION 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION  OF COUNSEL 

L _ _ _ _ _ _ _ _ _ _ _ _ _ _ I  

I 

I 

I 

MEMBER SITTING 

HON 

GEN 

VOTE OF THE BOARD 

1  UOTHC 

OTHER 

DENY  1 

X 

X 

........................................ 
ISSUES  A94.53 
A92.21 

INDEX  NUMBER 

A66.00 

HEARING DATE 

CASE NUMBER 

1 
2 
3 
4 

EXHIBITS SUBMITTED TO THE BOARD 

--  ORDER APPOINTING THE BOARD 

APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I 

TAPE RECORDING OF PERSONAL APPEARANCE 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to 
submit an application to the AFBCMR 

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

SAFIMRBR 
550 C STREET WEST. SUITE 40 
RANDOLPH AFB, TX 78150-4742 

1 

-- 

- - - - - - - 
DATE: 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS AFB, 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 

FD-2005-00327 

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 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: 

The record indicated the applicant received an Article 15 for misconduct.  The Article 15 was administered 
for wrongful use of a controlled substance; mushrooms containing psilocin, a Schedule I controlled 
substance.  As a result, applicant was reduced to airman basic and received a reprimand.  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. 

The DRB was pleased to see that the applicant was doing well.  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 

ANDREWS AFB, MD 

(Former AB)  (HGH A1C) 

MISSING PERSONNEL AND MEDICAL  RECORDS 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Mountain Home AFB, ID on 30 
Aug 04 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 13 Oct 83.  Enlmt Age: 18 4/12. Disch Age: 20 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-49,  E-39,  G - 2 8 ,   M-29. PAFSC: 8M000 -  Postal Specialist. 
DAS: 13 Aug 02. 

b.  Prior Sv: (1) AFRes 28 Feb 02 -  29 Apr 02  (2 months 2 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 30 Apr 02 for 4 yrs. Svd: 02 Yrs 04 Mo 01 Das, all AMS. 

b.  Grade Status:  AB -  26 Mar 04(Article 15, 26 Mar 04) 

A1C -  1 Sep 03 
A m  -  1 NOV 02 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 26 Mar 04, RAF Croughton, UK -  Article 81.  You did, on 
I  and 

with SrA : - - - - - - - - - - - - - - - - - - - - - - - a  

.----------------------- 

: t o  commit an offense under the 

or +b-~ut--?-4--J-~_l_--Q_3_,--cornspire 
A1C 1 - - - - - - - - - - - - - - - - - - - - - - - - - - I  
Uniform Code of Military Justice, to wit: wrongful use 
of a controlled substance, and in order . . . . . . . . . . . . . . . . . . . . . . . .  
object of the conspiracy the said SrA j 
order, purchase and deliver mushrooms contalnlng 
psilocin, a Schedule I controlled substance.  Article 
112a.  You did, at or near building 142, RAF  Croughton, 
United Kingdom, on or about 6 Aug  03, wrongfully use 
mushrooms containing psilocin, a Schedule I controlled 
substance.  Reduction to AB and a reprimand. (No appeal) 
(No mitigation) 

to effect the 

j  did 

- - - - - - - - - r - - 7 - - - - - - - - - - -  

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM, AFOSLTR. 

i.  Stmt of Sv:  T M S :   (02) Yrs  (06) Mos  (03) Das 
TAMS:  (02) Yrs  (04) Mos  (01) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 12 Aug 05. 

(Change Discharge to Honorable) 

Issue 1:  I would like to have my general upgrading  (sic) to honorable. 

What I did in the Air Force was very immature and irresponsible.  Since my 
seperation (sic) from the Air Force I have been a model citizen, keeping a clean 
driving record and keeping a steady job.  I realize that my actions were 
uncalled for, and I have learned from my mistakes. 

ATCH 
1. DD Forms 214  (Member 4 &  1) . 
2 .   Notification Memorandum. 
3. Response to Involuntary Discharge. 
4. Written Presentation to Article 15 Proceedings. 
5. Two Letters of Support. 
6. Article 15. 

fp 

1 

$WP-15-05 1'HU  03: 59 Pfl 

22 

FAX NO.  93430374 

P,  02/10 

DEPARTMENT OF THE AIR FORCE 

HEAD QUAKTIr,IlS 100TI.1 AIR REFUELING WING (USAl*X) 

MEMORANDUM FOR AB j 

........................................ 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  

j,  422 ABS 

I  4  APR  2004 

L  m recommending your discharge from the United States Air Force for Drug Abuse.  'I'hc 

1 .  
authority fir this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54.  If my 
reco~~~meldation 
honorable ~ n d i  
lrorlorablo conditions (gcnmal). 

is approved, your s e ~ c l :  will  bc chmactcrizcd as cither hnt~orahlc or under 
tions (general). I 8111 recornrrtending 11.1nt your service bc charactcrizd as under 

2.  My reasons for this actiol~ arc:  i\n invcstigntion ki~s rcve:lled that on or iibout 24 July 3003, 
you cunspircrl with two atllcr Air 1:orcc nlcm bcrs to wrongfully use mushroon~s containing 
psi locirr, u Schcdulc 1 controiled sulrstiu~~ce. On or about 6 Ai~gust 2003, you USCJ mid 
n~usl~rootns contiji~~iog psilocin.  For tlris misconduct, you wwc punishcd undcr Art.  15, UCMI. 
or1 26 March 2004 (Atladrmcnr  1). 

3.  Ci~pics oP tllc docurncnts to bc forwnrdcd to  Lhc sepal-ation authority in support oftl>js 
rccommun&~tion are akachcd.  Thc commn~lcicr mercising SI'CM  jurisdic~ion or J higher 
authority will clccide! whelhcr you w ~ l l  bc discharged or rctninai in the Air Force i ~ n d ,  if yo11 arc 
dischnrycd, how your serviw will bc chnractcrizcd.  [f you arc: dischargeil, yoti ~vil1 he incli~iblc 
fhr rcenlisrmcnt in h e  Air Forcc and any spccinl pay, bonus. or education asaisltrncc I'untis may 
he subject lo recouplr\enc. 

-I.  You havc the right to consult counsel.  Military Icgal 
1 havc madc an appointment for you to consult Capti 
!of the Ramstoin AD ADC Ol'lict.. 
DSN 480-2182, at 1300 hours. on Thursday, IS ~prll?004;vin a telephune consultntion.  Yoit 
Inay consult civilian Counsel at your own expensc. 

counscl hns bccn obtni~~ed 

- - - - - - - - - -  

to assist you. 

5 .   You have thc right to srtbri~ir stnte~ucnts in your own bchnlf.  Any  st3lcmcnLs you war11 lhc 
scpnmtioll authority to considcr must rc~ch mc by dlc close of businas, Monday,  I9 April 2004, 
unlcss you rcqucst and rcceivc an estellsio~l for good ~ 7 u s o  s11own.  I will send tllecn to the 
scp~mtion outhority. 

6.  [€you ftlil to consult coui~sel or to submit statcmcots in your ownbehalf, your .l;lilwc  will 
constitute n tvaivcr of your right lo do SO. 

R e c e i v e d   T i m e   S e p ,   15. 

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SEP-15-05  THU 04: 00  Pfl  22 

FflX  NO.  934303.(4 

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t',  U3/1U 

FD2005-00327 

7.  You havc been scheduled for a rncdicd examinntion. You must report to building  140, RAF 
Croughton Mcdical Clialc, on Thursday, 15 April 2004,  d 101 5 hours for thc cx~mimtion. 

8. Any pcrson~l iafannation you furnish in rhuttal is covered by the Priv;sc;y Act OF 1974.  A 
copy of AF[ 36-3208, is avnilable for your usc in tho 422 Al3S Orderly Room. 

Alhcl~rnents: 
1.  Art.  15, UCMJ, dated 2h Mar 04. wl altaclmerlts 
2.  Rccords Keviow RIP 
3.  12cccipt a f Notificulian Memorandum 

R e c e i v e d   Time  S e p .   15. 

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