fi 

." . . 

- 

AIR FORCE DISCIIARGE W,VIEW BOARD IIEARTNG RECORD 

N A M P  n~ KFRVIC'F  I\IFICIHE'R  ( I . A S T .  FIRST hliDD1.E INITIAI,) 

-. 
TYPE  GEN 
COUNSEL 

YES 

No 
X 

PERSONAL APPEARANCE 

--- 

NAME OF COUNSEL ANn OR OR(:AN17ArION 

GRADE 

A l C  

-- 

ADDRESS AND OR ORGAN17A 1-ION OF COllNSEl 

hllSMBER SITTING 

HON 

I 

VOTE OF TllT BOARD 

-.. 

GEN 

UOTHC 

I  OTHER 

I  DENY 

. 

ISSUES 

A57.03 

. 

INDEX NUMBER 

A66.00 

HEARING DATE 

CASE NUMBER 

I 

I 

I 

I 

EXHIBITS SUBMITrED TO THE BOARD 

I 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION FOR  REVIEW OF DISCHARGE 
LETTER  OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO l'11E ROARD 
ADDITIONAL EXHIBII-S SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORINNG OF PERSONAL APPEARANCE 

- 

14 Feb 2006 
APPUCAMY ISW'UE AND THE  BOARD'S DECISIONAL RATIONAI, ARE  DISC'tISSEU ON THE AT TACHED AIR FORm  DlSCHARGl REVIEW BOARD DECISIONAL RATIrnALE 

FD-2005-00345 

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"\ 

- 

I 

J 

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

- 

C  INDORSEMENT 
I  '"' 

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

-- 

I  FROhl. 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW ROARD 
1535 COMMAND DR,  EE WING, 3RD FLOOR 
ANDREWS AFB. MD 20762-7002 

DATE:  MSI2006 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASK NUMBER 

FD-2005-00345 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was offcrcd a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

The attachcd brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

?'he  Board  finds  that  neithcr  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE:  Applicant  contends  discharge wits inequitable because it was based on one isolated  incident.  The 
records  indicated  the  applicant  received  an  Article  15 and  one  Letter  of  Counseling  for misconduct.  The 
misconduct was for the use of marijuana on divers occasions. The Board  discussed the Air Force policy on 
drug use.  The  Board  concluded  the  misconduct  was  a significant  departure  fiom conduct  expected  of all 
military  members.  The  characterization  of  the  discharge  received  by  the  applicant  was  found  to  be 
appropriate. 

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 
upb~ade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE  A I R   FORCE 

A I R   FORCE  DISCHARGE  REVIEW BOARD 

ANDREWS  AFB, MD 

(Former AlC)  (HGH SRA) 

1.  MATTER UNDER  REVIEW:  Appl  rec'd  a  GEN Disch fr ~ c ~ u i r e  AFB, NJ on 8 Dec 95 
UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2 .   BACKGROUND: 

a .   DOB:  24 Aug 70.  Enlmt Age:  18 9/12.  Disch Age:  2 5   3/12. Educ: HS  DIPL. 

AFQT: N/A.  A-89,  E-51,  (2-53, M-13. PAFSC: 2T251  - Air Transportation 
Journeyman. DAS: 17 Mar  9 5 .  

b.  Prior Sv:  (1) AFRes 9 Jun 89 -  14 Aug 89  (2 months 6 days) (Inactive). 

(2) Enlisted as AB 15 Aug 89 for 4 years.  Extended on 23 Oct 
91 for 12 months.  Svd:  3  Yrs 05 Mo 27 Das, all AMS.  Amn  -  1 5   Feb 90.  A1C -  1 5  
Dec 90.  S r A   -  15 Aug 92.  EPRS: 3,5,4. 
3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 12 Feb 93 for 4 yrs. Svd: 02 Yrs 09 Mo 27 Das, all 

AMS . 

b .   Grade Status:  A1C  -  11 Oct 95  (Article 15, 11 O c t   95) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 11 Oct  95, Osan AB, Korea  -  Article 112a.  You, did, 

within the territorial limits of the United States, 
between on or about 1 Jun 95 and on or about 19 Jun 95, 
wrongfully use marijuana.  Reduction to A l C ,   and 30 days 
e x t r a   duty. ( N o   appeal)  (No mitigation) 

e .   Additional: LOCI UNDATED  -  Financial irresponsibility. (Document listed 
on the Recommendation for Discharge letter, 
but is missing from the file). 

f.  CM:  None. 

g.  Record of SV: 25 Jul 92  -  24 Jul 93  Howard AFB 
25 Jul 93 -  02 Jan 94  Howard AFB 
03 Jan 94  -  01 Nov 94  Osan AB 

3  (Annual ) REF 
5  (CRO) 
5  (CRO) 

h.  Awards &  Decs:  AFAM,  AFLSA, AFTR, AFOSLTR, NDSM, AFGCM W/1 DEV, 

AFOSSTR . 

i.  Stmt of Sv:  TMS:  (06) Yrs  (06) Mos  (00) Das 

TAMS: 

( 0 6 )   Y r s   (03) Mos 

( 2 4 )   Das 

4 .   BASTS ADVANCED  FOR REVIEW:  Appln  (DD Fm 2 9 3 )   d t d   0 9   Aug  0 5  

(Change Discharge to Honorable) 

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

incident  in 73 months  (6 yrs 1 month) of  service with no other adverse action. 

ATCH 
None. 

8 Nov 95 

M E M O W U M  FOR:  Airman First Class@-3) 

62 1 Aerial Port Squadron! l m  

FROM:  CC 

SUBJECT:  Notification Letter--Board Hearing 

1.  I am recommending your discharge from the United States Air Force for Drug Abuse 
according to AFFD 36-32 and AFI 36-3208, under the provisions of paragraph 5.54. Copies of 
the documents to be forwarded to the separation authority to support this recommendation are 
attached. 

2  My  reason for this action is:  You, did, within the territorial limits of the United States, between 
on or about  1 June 1995 and  on or about  19 June  1995, wrongf~~lly use marijuana.  For this you 
received  nonjudicial  punishment  under  Article  15,  reduction to the  grade of  E-3  (Airman  First 
Class), with a new date of rank of 11 October 1995, and 30 days extra duty. 

3.  This action could result in your separation with a Under Other Than Honorable Conditions 
discharge.  1 am recommending that you receive a Under Honorable Conditions (General) 
discharge.  The commander exercising SPCM jurisdiction or a higher authority will make the final 
decision in this matter.  If you are discharged, you will be ineligible for reenlistment in the Air 
Force and will probably be denied enlistment in  any component of the armed forces 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing. 

e.  Waive the above rights.  You must consult legal counsel before making a decision to waive 

any of your rights. 

5.  You have been scheduled for a medical examination.  You must report to Walson Air Force 
Hospital (F'hysical  Exams) on 13 Nov 95, at 0745 hours. 

6. Military legal counsel, Captain (0-3)  ---  ..., Building 2906 room 33, McGuire AFB, New 
Jersey, duty telephone number 724-2349, has been obtained to assist you.  An appointment has 
been scheduled for you to consult her on 8 Nov  1995 at  1230 in room 33 of building 2906. 
Instead of the appointed counsel, you may have another, if the lawyer you request is in the active 
military service and is reasonably available as determined according to AFI  5 1-201.  In addition to 
military counsel, you have the right to employ civilian counsel.  The Air Force does not pay 
expenses incident to the employment of civilian counsel.  Civilian counsel, if employed, must be 
readily available. 

7. Confer with your counsel and reply, in writing, within 7 workdays, specifymg the rights you 
choose to exercise. 'I'he  statement must be signed in the presence of your counsel who also will 
sign it.  If you waive your right to a hearing before an administrative discharge board, you may 
submit written statements in your own behalf.  I will send the statements to the discharge 
authority with the case file to be considered with this recommendation. If you fail to respond, 
your failure will constitute a waiver of the right to the board hearing. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of MI 36-3208, is available for your use, from the orderly room.  Return it to them when 
the case is completed. 

9. If you request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

10.  The discharge board or, the discharge authority will make the finding and recommendations 
required under  10 U.S. C. 2005(g). 

11. Execute the attached acknowledgment and return it to me immediately, 

A 

, Maj, USAF 

Attachments: 

1.  Article 15, 11 Oct 95, wlattachments 
2.  Statement of Michael A Figueroa, dated 20 July, 1995. 
3.  Urinalysis Results,  Message file name: MOO4 
4.  Letter of individual counseling 
5.  Airman's receipt of notification memorandum 
6. EPRs  (6)