"A"" 

c.- 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 
-  --  ----------. 

' INITIAL) 

GRADE 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

X 
ADDRESS  AND OR ORGANIZATION OF COUNSEL 

RECORDREVIEW 

I 

TYPE GEN 

I 

$?qwsh 

YES 

No 
X 

MEMBER SITTING 

3 

HON 

GEN 

I  UOTHC 

,. 

OTHER 

I  DENY 

~ 

ISSUES 

A94.05 

INDEX  NUMBER 

A66.00 

HEARING DATE 

CASE NUMBER 

~ @ ~ % B ~ w ~ @ ~ o  

~ B O A R O  - 

' 

1 
2 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

I 

10 Jan 2006 
APPUCANT'S  ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSXED ON THE A T b m D  AIR POKE MXHARGE REVLEW BOARP DECLSIONAL RATIONALE 

FD-2005-00335 

I 

I 

1  Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout 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  reauest. 

I 1 

I 

I 

I INDORSEMENT 

- 

DATE: 1/10/2006 
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- 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

-- 

1 
1 

--- 

- 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW BOARD 
1535 CO>lhlAND DR. EE WING. 3RD FLOOR 
A N D ~ W S  AFB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

hIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00335 

3ENERAL:  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 
:xercise 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 
nequity or impropriety that would justify a change of discharge. 

[SSUE: Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
ipplicant received an Article  15 for wrongfully using marijuana.  The Board concluded the misconduct was 
i significant departure from conduct expected of all military members.  The characterization of the discharge 
:eceived by the applicant was found to be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent with  the 
?rocedural and .substantive requirements  of  the  discharge regulation and  was within  the  discretion of the 
lischarge authority and that the applicant was provided full administrative due process. 

[n view of the foregoing findings the Board further concludes that there exists no legal or equitable basis for 
~pgrade 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) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Barksdale AFB, LA on 9 Aug 00 
UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 7 Mar 78.  Enlmt Age: 19 5/12.  Disch Age: 22 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-53,  E-65,  G-66,  M-24. PAFSC: 1C551 - Aerospace Control and 
Warning System Journeyman. DAS: 11 Jan 00. 

b.  Prior Sv:  (1) AFRes 19 Aug 97 -  07 Oct 97 (I months 19 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AI3  8 Oct 97 for 4 yrs. Svd: 02 Yrs 10 Mo 02 Das, all AMS 

b.  Grade Status:  AI3  -  14 Jul 00 (Article 15, 14 Jul 00) 

A1C -  8 Feb 99 
A m  -  8 Apr 98 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 14 Jul 00, Barksdale AEB, LA -  Article 112a.  You did, 

within the continental United States, from on or about 1 
Feb 00 to on or about 29 Feb 00, wrongfully use 
marijuana.  Reduction to AB.  (No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 8 Oct 97 -  7 Jun 99  Kadena AB  5  (Initial) 

8 Jun 99 -  5 Dec 99  Kadena AB  5  (CRO) 

h.  Awards &  Decs:  AFAM, AFTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (11) Mos  (21) Das 
TAMS: (02) Yrs  (10) Mos  (02) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 07 Aug 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 214. 
3. Three Character References. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 2D  BOMB WING (ACC) 
BARKSDALB AIR PORCE BASE, LOUISIANA 

MEMORANDUM F O ~  

FROM:  608 CPSICC 
SUBJECT: Notification Letter - Administrative Discharge 

1.  I am recommending that you be discharged from the United States Air Force for Drug Abuse 
as conduct incompatible with military service.  The authority for this action is AFPD 36-32 and 
AFI 36-3208, para 5.54.  If my recommendation is approved, your service may be characterized 
as UNDER HONORABLE CONDITIONS (GENERAL) Discharge.  I am recommending that 
yow service be characterized as UNDER HONORABLE CONDITIONS (GENERAL). 

2.  My reason(s) for this action is/are as follows: 

a.  On or about 1 Feb 00 through on or about 29 Feb 00, you wrongfully used marijuana, as 

evidenced by an Article 15, dated 19 July 00 (Attached). 

3.  Copies of the document(s) referenced above have been attached and will be forwarded to the 
separation authority in support of this recommendation. The commander exercising SPCM 
jurisdiction or a higher authority will decide whether you will be discharged or retained in the 
Air Force, and if you are discharged, bow your service will be characterized.  If you are 
discharged, you will be ineligible for re-enlistment in the Air Force. 

4.  Military legal counsel, Cap1 
6-8355, Building 47 14 (gym annex building), third floor, has been obtained to assist you.  An 
appointment has been scheduled for you to consult with him 
consult civilian counsel at you. own expense. 

Area Defense Counsel for Barksdale AFB, Extension 

jC(d  hrs.  You may 

5.  You have been scheduled for a medical examination.  You must report to Flight Medicine 
with your medical records for the appointment.  Your appointment is om/3i4Ib  ap at &30 
hours. 

6.  You have the right to submit statements in your behalf.  Any statements you want the 
separation authority to consider must reach me within three (3) duty days unless you request and 
receive an extension for good cause.  I will send any statements that you provide to the 
separation authority. 

7.  You have been scheduled for a Pre-separation Counseling briefing.  You must report to the 
Family Support Center, Bldg 4713, at - Om o o n d @  - for the briefing. 

8.  If you fail to consult counsel or fail to submit statements in your behalf, you will waive the 
right to do so. 

9.  Any personal information you %sh 
copy of AFI 36-3208, the AFI governing this action, is available for your use in your unit 
Orderly room. 

in rebuttal is covered by the Privacy Act of 1974.  A 

, 

10.  Execute the attached acknowledgment and return it to-me  immediately. 

Commander, 608 CPS 

Attachment: 
Article 15, dated 19 Jul00