AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

L-..-....-..-....-.-----------. 

rVpE GEN 

PERSONAL APPEARANCE 

wmBgL , *:& 

NAME OF COUNSEL AND OR ORGANIZATION 

GKAI)E 

SSGT 

AFSNtSSAN 

.-..-....-..-.: 

RECORD REVlEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 
NO 

I 

I 

MEMBER SlTTlNG 

IION 

1 

YOTE OF THE BOkRD 

- 
(;EN 

***"w**-- 

U O T G " " ' T O T H E R ~  

2  1  At'PLICA'I.ION  FOR  REVIEW O F  DISCHARGE 
3  1 
4 

I.F,'I.'I.ER  OF NOTIFICATION 
BRIEF 01:  PERSONNEL  FILE 
COUNSEL'S  RELEASE TO TI IE  BOARD 
ADDITIONAI,  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECOKDlNCi OF PERSONAL APPEAKANCE 

HEARING DATE 

CASE NUMBER 

APPLiGANT'S ISSUE AM) T I E  BOARD'S DECISIONAL RATl'ONdL ARE  DISCIJ9SED OK THE ATTACHED AIK FORCE DISCHARGE R6VIEW BOARD  DECISIOYAL RATIONALE 

I 

I 

I 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout 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  request. 

, - - - - - - - I - - - - - - - - - - - - - - - - 7 ' - - - )  

-- 

1 v: 

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

-------- 

" - , ,%*a---"*"-"&- 

a a m n r g N T  
* ,  ..* '* " ".?-- 

------------------------*--------------. 

DATE:  7/11/2006 

1  FROM 

SECRETARY OF TllE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE  DISCHARGE  REVIE\\  BOARD 
1535COhlWA\D  DR.  k E  \\INC.3RL)  FLOOR 
ANDKEWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

I 
(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00340 

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  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh and based on one isolated 
incident after 15 years of service.  Applicant received an administrative discharge in lieu of trial by court 
martial due to a positive testing for marijuana usage.  Applicant contends the Testing Lab had been 
contaminated by members of its own staff falsifying test results, thereby resulting in an incorrect urinalysis 
on his test.  The DD Form 293, Application~for the Review of Dischargefrom the Armed Forces of  the 
United States, submitted by the applicant did not provide documentation or evidence to substantiate this 
contention.  The records indicated applicant signed a statement requesting to be discharged in lieu of court 
martial and understood the elements of the offense he was being charged.  He had an opportunity to review 
the litigation package and the referred Charge Sheet.  After consulting with his Area Defense Counsel, 
applicant accepted the administrative discharge.  The DRB opined that through these administrative actions, 
the applicant had ample opportunities to change his negative behavior.  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. 

Issue 2.  Although not explicitly stated, the applicant suggests 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, letters of recommendation and other accomplishments.  They found 
the seriousness of the willful 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. 

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 

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

ANDREWS  AFB,  MD 

DEPARTMENT  OF  THE  AIR  FORCE 

A I R   FORCE  DISCHARGE  REVIEW  BOARD 

(Former SSGT) (HGH SSGT) 

...-.-.-.-........--------------! 
1 .   MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr Lackland AFB, TX on 6 Jul 00 
UP AFI 36-3208, Chapter 4 (Discharge in Lieu of Court Martial).  Appeals for 
Honorable Discharge. 

2 ,   BACKGROUND: 

a. DOB: 29 Sep 67.  Enlmt Age: 17 7/12.  Disch Age: 32 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-67,  E-56,  G-76,  M-43. PAFSC: 3S071 -  Personnel Craftsman. 
DAS: 13 Feb 98. 

b.  Prior Sv:  (1) AFRes 18 May 85 -  7 Aug 85  (2 months 21 days)(~nactive) 

(2) Enlisted as AB 8 Aug 85 for 4 yrs.  Extended 2 8   Oct 88 

for 12 months.  Reenlisted as SrA 7 Jul 89 for 4 yrs.  Svd: 7 yrs 7 months 29 
days, all AMS.  AMN -  8 Feb 86.  A1C -  8 Dec 86.  SrA -  8 Aug 88.  SSgt  -  1 Feb 
93.  APRs: 9,9,9,9. EPRs: 5,5,5,5. 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Reenlisted as SSgt 7 Apr 93 for 6 yrs.  Extended 18 Nov 97 for 23 

months. Svd: 07 Yrs 02 Mo 29 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None, 

f.  CM:  None. 
g.  Record of SV: 31 Mar 93 -  30 Mar 94 
31 Mar 94 -  30 Mar 95 
31 Mar 95 -  30 Mar 96 
31 Mar 96 -  17 Nov 96 
18 NoV 96 -  03 May 97 
04 May 97 -  28 Dec 97 
29 Dec 97 -  28 Dec 98 
29 Dec 98 -  28 Dec 99 

Scott AFB 
Stuttgart-Vaihingen 
Stuttgart-Vaihingen 
Stuttgart-Vaihingen 
Stuttgart-Vaihingen 
Pope AFB 
Lackland AFB 
Lackland AFB 

(Annual ) 
(Annu a 1 ) 
(Annual ) 
( CRO 
( CRO 
( CRO 1 
(Annual ) 
( Annua 1 ) 

h.  Awards &  Decs:  AFCM W/3 BOLCS, AFAM, AFOUA, AFOEA, AFGCM W/3 BOLcS, 

NDSM, AFOSSTR, AFOSLTR, AFLSAR W/2 BOLCS, NCOPMER, SAEMR W/1 BS, AFTR. 

i.  Stmt of Sv:  TMS:  (15) Yrs  (01) Mos  (19) Das 
TAMS:  (14) Yrs  (10) MOS  (29) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Aug 05. 

(Change Discharge to Honorable) 

Issue 1:  My discharge was inequitable because it was based on one isolated 

incident in 15 years of service.  The Testing lab had been contaminated by 
members of its own staff falsifying test results.  This contamination resulted 
in an incorrect urinalysis. 

ATCH 
None. 

I 

CHARGE SHEET 

.-....-....-.-..-.-. 
1.  NAME OF ACCUSED (h~, First, MI) 
5.  UNIT OR ORGANlLATlON 
3 19th TraiGn  Squadron 
Lackland Air Force Basc. Texas  78236-5158 
7.  PAY PER MONTH 

a.  BASIC 

b.  SEAlFORElGN DUTY 

a.  TOTAL 

a.  NATURE OF RESTRAINT OF ACCUSED 

3. GRADE OR RANK 

4.  PAY GRADE 

S S R ~  

B5 

6.  CURRENT SERVICE 
-a.  INITIAL DATE 
7 Apr 93 

9.  bffW~S) lMPOSEO 

b,  TERM 

6 years 

$1,932.60 

$0.00 

$1,932.60 

None 

10. CHARGE: 

VIOLATION OF THE UCMJ, ARTICLE  112a 

II,  CHARGES AND SPECIFICATIONS 

None 

SPECIFICATION: 
In that  STAFF SERGEANT 1 - - - - - -  - - - - - - - - - - - - - - - - - - 
Texas, did, at or  near San Antonio, Texas, between on or about  1 October  1999 and on or about  15 October 1999, wrongfully use 
marijuana. 

; United States Air Force, 319th Training Squadron, Lackland Air Force Base, 

. r - - - - - - - - - - - - - - - - - - - - - - - - -  

I 

I 

1 1 a. NAME OF ACCUSER  (&.&!g,  MI) 

Ill.  PREFERRAL 
b.  GRADE 

Lt Col 

c,  ORGANIZA't'ION OF ACCUSER 

Commander. 319th Training Squadron 

(  e,  DATE 

APPIDAVIT:  Before me, the  undersigned. authorized by law to administer oath in  cases of this character, personally appeared he 
above w e d  accuser this 
under oath Lhar  helshc is a person subject to b e  Uniform Code of Milirary Justice and that helsbe either has personal  knowledge of 
or has investigated the manlen set forth [herein and that  he same are true to the best of hislher knowledge and  belief. 

23rd  day of 

February 

2000 

, 

, and signed thc  foregoing charges and  specifications 

............................ 
-- -ryFia7G~-ormc~ 
-- -t-- 
;--- 

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

Captain 
Grade 

------- 

-. 

. - . - - - - - - - - - - - - - - - - I  

-, ' Signdure 

. - .  

37th Training W i g -  
Organization of  Oflicer 

.  .- 

Assistant Staff Judge  Advocate 
0 rcial Capacity fa Adn~inirfer Oath 

(See R.C$  307fbJ nturl  be c o u l ~ i ~ ~ i o n e d  

~ f i r e r )  

- 

,,. 

DD Form 458, AUG  84 [EQI 

EDITION OF  1 OCT 69 IS OBSOLETE. 

Designed using Perform Pro, WHSIDIOR, Aug 94 

I 

i 

I 

I 

I 

23  q&> 

ou 
tbc  accuser(s) b o w n  lo mc  (See R.C.M. 308(0)). (See R.C.M. 308 ~w~ificruion ~Mnol be d e . )  

, @+ :,coo 

, Ibe  accused was informed of the charges against himiher and of  (hc m e ( s )  of 

Tj,&Y N&TGf IiG2iZ -C~iGEdei - 

Commander, 3 19th Training Squadron 

Orgoniza~inn of 

lmmediarr  Conun11nder 

I 
I

.

 

.......................... ~~rvl*....-....-n....-...._ 

Lieutenant Colonel. 

1. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - " - - - - - - - - - - m . - - - - .  

Sigmture 

IV.  RECEIPT BY SUMMARY COURT-MARTIAL CONVENING AUTHORITY 

me sworn c h y r  w e  reccivedll  Q $ ~ Q  hours,  2 3  F ,,IJ 
I {AETC) Lackland Air Force Bare.  Texas 78236-5155 
I 

W c c r  Ewrcirlng Swnmary Court-Manid Jurisdiction  (S,e  R.C.M. 403) 

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

FOR THE ' 

5pcd Name of ,fGr 

-  Designation of  Cornland or 

2000 at  37th Training Wing 

COMMANDER 

Staff Judge Advocate 

Oflcid' Capacity of  W c e r  Signing 

I: 
---------------------------------------------------. 

Colonel 
G r d  

- 

14s. DESIGNATION OF COMMAND OF CONVENING AUTHORITY 

(  b.  PLACE 

V.  REFERRAL:  SERVICE OF  CHARGES 

I  c.  DATE 

S w Y

 

court-martial convened by 

SPECIAL  ORDER  AG-9 

14  March 

2000 

, subjcct IO  h e  following instructions: 

NONE 

FOR THE  COMMANDER 

C o w n d  or Order 

XX 

Qped  Name of q c e r  

STAFF JUDGE 

Oficial Copwi@ ofOfl%SI$nfnl 

YOCATE 

................... -. ...... .G& 

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

Colonel 

DATED 

I Referred for trial to the 
I 
I 
I i 

-------mu 

On  15March 

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

- - r y w > - c ; f ~ T a l  

..Am-......-.....  ...................... 
: 

, 

2000  , I (caused to  k) served a copy hereof ona&&the 

a b v c  named accuscd. 

CAPTAIN 

Crode or Rmk of  Trial Corrnccl 

Si~natura 

FOOMOTES:  1 - Whm an approprime cnn~nronder sigm prrronally,  i~applicablc words are stricken. 

2 -See  R.C.M. 601fe) con~crninf Inrlrutlions. I j ~ n e ,  so  state. 

? DO Form 458 Reverse,  AUG  84