IlEARLNC DATE 

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. 

*Change RE Code 
+ Change Reason and Authority 

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

AIR FORCE DISUIIARGE R E V I W  BOARD 
1535 COMMAND DR, EE WING, 3RD FLDOR 
ANDREWS AFB, M D  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVLEW BOARC, DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00349 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change reason and authority 
and to change reenlistment code. 

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 29 Jun 2006. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: Applicant's Contentions 
Exhibit #6: Letter from applicant to board 
Exhibit #7: Character letter from former military supervisor, Mr. : ----- : 
Exhibit #8: 11 - Certificates of Completion 
Exhibit #9:  Applicant's  resume 
Exhibit #lo:  Three college transcripts (Colorado Mountain College, Oklahoma State University and 
Tulsa Community College) 
Exhibit #11:  OSI investigation report 

1 . - - - a  

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

FINDINGS:  Upgrade  of  discharge,  change  of reason  and  authority  and  change  of reenlistment  code  are 
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:  Applicant received a General discharge for Misconduct -- Drug Abuse 

Issue 1.  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; he received three EPRs with overall 4 
ratings.  Applicant also received awards and decorations and other accomplishments.  However, found the 
seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The 
applicant knew the AF policy and standard regarding the use and possession of illegal substances.  The 
Board concluded the discharge was appropriate for the reasons which were the basis for this case. 

Issue 2.  Applicant states that he has been a good citizen since his discharge.  The board 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. 

Issue 3.  Applicant contends discharge was inequitable because it was too harsh.  The records show that the 
member received a special court martial for wrongful use of LSD and marijuana on two occasions.  The 
board concluded the misconduct was a significant departure from conduct expected of all military members 
and found no inequity or impropriety in his discharge.  The characterization of the discharge received by the 
applicant was found to be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  coilcludes  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 

.............................. 
------------------------------. 
1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr Eielson AFB, AK on 15 Jul 98 
UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

(Former A1C)  (HGH SRA) 

2.  BACKGROUND: 

a. DOB: 23 Jul 76.  Enlmt Age: 17 8/12. Disch Age: 21 11/12. Educ: HS DLPL. 

AFQT: N/A.  A-56,  E-58,  G-62,  M-76. PAFSC: J1C451 -  Tactical Air Command And 
Control Journeyman. DAS: 14 Jan 97. 

b.  Prior Sv: (1) AFRes 23 Mar 94 -  14 Jun 94 (2 months 23 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 15 Jun 94 for 6 yrs. Svd: 04 Yrs 01 Mo 01 Das, all AMS 

b.  Grade Status:  A1C -  15 May 98  (SPCMO No.1, 26 Jun 98) 

SrA -  29 NOV 96 
A1C -  29 Jul 94 

c.  Time Lost:  None. 

d.  Art 15's:  None 

e.  Additional: None. 

f.  CM:  Special Court Martial No.1 -  26 Jun 98 

CHARGE:  Article 112a.  Plea: Guilty.  Finding: Guilty. 

Specification 1:  Did, within the state of Colorado, on divers 
occasions between on or about 1 Feb 96 and on or about 31 Mar 96, 
wrongfully use lysergic acid diethylamide.  Plea: Guilty. 
Finding: Guilty. 

Specification 2:  Did, within the state of Colorado, on divers 
occasions between on or about 1 Feb 96 and on or about 31 Mar 96, 
wrongfully use marijuana.  Plea: Guilty.  Finding: Guilty. 
Sentence adjudged on 15 May 98:  Ward labor without confinement 
for three months, forfeiture of $200.00 pay per month for three 
months, and reduction to AlC. 

g.  ~ecord of SV: 15 Jun 94 -  15 Jan 96  Fort Carson AIN  4  (HAF  D i r )  

16 Jan 96 -  01 Dec 96  Fort Carson AIN  4  (CRO) 

0 2   Dec  96 -  30 Jun 97  Fort Wainwright AIN  1  (CRO) REF 

h .  Awards  &  Decs :  AAM,  AFLSA, AFTR, NDSM,  SAEMR, AFOTJA. 

i.  Stmt  of S v :   TMS:  (04) Yrs  (03) Mos  (23) Das 
TAMS:  ( 0 4 )   Y r s   (01) Mos  ( 0 1 )   Das 

4 .   BASIS ADVANCED  FOR  REVIEW:  Appln  (DD  Fm 293) dtd 26 Aug  05. 

(Change  Discharge  to Honorable) 

ISSUES  ATTACHED  TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. Notification Memorandum.  . 
3 .  Report of R e s u l t   of T r i a l .  
4. Three E n l i s t e d   Performance Reports 
5. Five Training Certificates. 

DRB: The following issues are the reasons I believe my discharge should be upgraded to 
Honorable. Please explain in &tail  why the board might disagree. 

, - - - - - - - - - - - - - - - - -  

SSN : 

1.  I have been a good citizen since discharge. 

I have led a criminal free life. 
I attended Diver's Institute of Technology, graduating with a 3.7 GPA. 
I have been a supervisor for two commercial dive companies. 
I have held security clearances in over ten nuclear power plants. 
I attendad Colorado Mountain College and graduated receiving my EMT 
certification. 
And finally I am currently a student of Spartan College of A m u t i c s  for their 
commercial flight program. 

2.  I meived many a

d

 and decorations while serving in the Air Force. 

I received the Army Achievement Medal. 
1 received Oumding Unit Award. 
I was awarded 1" place for Physical Fitness at the Texas Challenge Competition. 
I was chosen to represent my squadron in the career field worldwide challenge. 
I was chosen to attend Air Assault School, Air Force Academy Freefall School, 
and to teach SEm to Air Force Academy Cadets. 

3.  My evalwatiom were good even after I was forthcoming with OSI agents. 

I was chosen by my commander to attend Basic Airborne School after my initial 
interview with OSI agents. 
I received a 4 on my EPR by my NCOIC and by my Flight Commander. 
1 continued to work well within the unit as well as the military. 
I received a 4 on all other EPRs. 

4.  I was punished by Special Court Martial and then again with a General discharge 

for Misconduct for the same incident. 

I was honest and forthright about my actions when interviewed by OSI. 
1 accepted the decision of the court stoically. 
I was sentenced on May 18,1998 to hard labor without confinement for three 
months, forfeiture of $200.00 pay per month far three months, and reduction to 
A1 C. 
It states in the memorandum recommmding my discharge by my commander in 
paragraph 2, that I was being recommended for discharge for narcotics use. In 
which I was already punished for by the Special Court Mmutial. 

7.  Yau have been scheduled for a medid wanhation  You must report to the Ptrysical 
Ibmbmtion Won, 354th Medical Group, Mding  3349, at s
faamimion. 

m

n

for the 

 

8.  Aay~aaliafbfinatonyoufiunishinreEnrttaliscovwed bythePrivacy Act of 1974,  A 
copy of 

36-3208 is available for y w r  wa in your orderly room 

Report of Result of Td, dated 15 ,May 98