AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

TYPE  GEN 

X 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 

X 

MEMBER SITTING 

HON 

GEN 

I  UOTHC 

I  OTHER 

I 

DENY 

VOTE OF TRE BOARD 

'.-..-..-..-..-..-.------------------' 
ISSUES 

INDEX NUMBER 

1 

A92.21 

A66.00 

I 
EXHIBITS SUBMITTED TO THE BOARD 

I 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 

HEARING DATE 

CASE NUMBER 

LETTER OF NOTIFICATION 

PERSONAL APPEARANCE 

I  TAPE RECORDING  OF PERSONAL APPEARANCE  HE 

I 

1 

13 Nov 2006 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL. RATIONAL ARE DISCCSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISLONAI. RATIONALE 

FD-2005-00389 

I 

I 

I 

Case heard at Washington, D.C. via video-teleconference with Travis AFB, California. 

Advise applicant of the decision of the Board 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. 

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

I 

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR.  EE WING.3RD  FLOOR 
ANDREWS AFB. M D  20762  7002 

I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00389 

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

The applicant appeared  and testified  without counsel before the Discharge Review Board  (DRB) via video- 
teleconference with Travis AFB, California and Andrews AFB on 13 November 2006. 

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

FINDINGS:  Upgrade  of  discharge  and  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

The  Board  finds  the  applicant  submitted  no  issues  contesting  the  propriety  of  the  discharge,  and  after  a 
thorough  review of the  record  and  listening to the  applicant's  testimony,  the  Board  was unable  to identify 
any issues of propriety or equity that would justify  a change of discharge. 

ISSUE: 

Issue 1.  Applicant requested a change of the reason for her discharge, a change of the service 
characterization and a change of the reenlistment code so that she could re-enter the military.  She based this 
request upon her immaturity at the time of her service.  The DRB recognized the applicant was only  17 
years-old when she joined  the Air Force and was 19 years-old when she was discharged.  However, there is 
no evidence she was too immature to appreciate the possible consequences of her actions or did not know 
right from wrong.  The Board noted that the vast majority of first-term members properly adhere to the Air 
Force's  standards of conduct.  The DRJ3 concluded that the characterization of the applicant's discharge was 
appropriate due to the egregious misconduct in which she engaged.  Her drug use, repeated under age 
drinking and 7-day absence without leave warrant the Under Honorable Conditions (General) discharge she 
received. 

Issue 2:  The applicant also requested relief based upon her post-service activities.  The DRJ3 was pleased to 
see that the applicant was doing well, is engaged in public service and has a good job.  However, no inequity 
or impropriety in her discharge was found in the course of the hearing.  The Board concluded the applicant's 
misconduct during her term of service properly resulted in her discharge classification. 

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) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Vandenberg AFB, CA on 8 Feb 
02 UP AFI 36-3208, para 5.50.2 &  5.54  (Pattern of Misconduct  -  Conduct 
Prejudicial to Good Order and Discipline &  Drug Abuse).  Appeals for Honorable 
Discharge, and to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 20 May 82.  Enlmt Age: 17 0/12.  Disch Age: 19 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-87,  E-43,  G-50,  M-25. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 25 Feb 00. 

b.  Prior Sv:  (1) AFRes 15 Jun 99 -  21 Sep 99  (3 months 7 days) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 22 Sep 99 for 4 yrs. Svd: 02 Yrs 04 Mo 18 Das, of which 

AMS is 2 yrs 1 month 27 days  (excludes 2 months 21 days lost time). 

b.  Grade Status:  AB -  20 Sep 01  (SPCMO No.2, 26 Oct 01) 

AMN -  18 May 01 (Vacation of Article 15, 26 Jun 01) 
A1C -  5 NOV 99 

c.  Time Lost:  8 Jul 01 thru 16 Jul 01; 6 Sep 01 thru 19 Nov 01  (2 months 

21 days) . 

d.  Art 15's:  (1) 26 Jun 01, Vacation, Vandenberg AFB, CA -  Article 92. 

You, who knew or should have known of your duties, on or 
about 4 Jun 01, were derelict in the performance of 
those duties in that you willfully failed to refrain 
from consuming alcohol as a minor under the legal 
drinking age, as it was your duty to do.  You, who knew 
or should have known of your duties, on or about 6 Jun 
01, were derelict in the performance of those duties in 
that you willfully failed to refrain from possessing 
alcohol as a minor under the legal drinking age, as it 
was your duty to do.  Reduction the Airman. (No appeal) 
(No mitigation) 

(2) 18 May 01, Vandenberg AFB, CA -  Article 92.  You, who 

knew or should have known of your duties, on or about 4 
May 01, were derelict in the performance of those duties 
in that you willfully failed to refrain from possessing 
alcohol as a minor under the legal drinking age, as it 
was your duty to do.  Suspended reduction to Airman. 

Forfeiture of $250.00 pay per month for 2 months. 
Restriction to Vandenberg AFB, CA for 30 days. 
(No appeal) (No mitigation) 

e.  Additional: None. 

f .   CM:  Special Court Martial No.2 -  26 Oct 01 

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

Specification 1:  Did, at or near Vandenberg AFB, CA, on or about 
17 Oct 00, wrongfully use marijuana.  Plea: Guilty.  Finding: 
Guilty. 

Specification 2:  Did, at or near Vandenberg AFB, CA, on or about 
17 Oct 00, wrongfully introduce some amount of marijuana onto an 
installation used by the armed forces or under the control of the 
armed forces, to wit: Vandenberg AFB, CA, with the intent to 
distribute the said controlled substance.  Plea: Guilty.  Finding: 
Guilty. 

ADDITIONAL CHARGE:  Article 86.  Plea: Guilty.  Finding: Guilty 

Specification:  Did, within the state of California, on or about 8 
Jul 01, without authority, absent herself from her unit, to wit: 
3oth Security Forces Squadron, located at Vandenberg AFB, CA, and 
did remain so absent until on or about 16 Jul 01.  Sentence 
adjuded by military judge on 6 Sep 01:  Confinement for 3 months, 
forfeiture of $250.00 pay per month for six months, and reduction 
to AB. 

g.  Record of SV: 22 Sep 99 -  15 Apr 01  Vandenberg AFB  2  (HAF Dir)REF 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (05) Mos  (03) Das 
TAMS: (02) Yrs  (01) Mos  (27) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 03 Oct 05. 

(Change Discharge to Honorable, and Change the RE Code, Reason and Authority 

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applican's Issues. 
2. Five Character References. 
3. National Personnel Records Center Response. 
4. Personal Data. 
5. Two DD Forms 214. 
6. AF  Form 100. 
7. Discharge Documents. 

To Who111 It May Concern: 

I  have been trying for the last 3 years to correct my past.  I have hit a huge block 
in my  road to do so.  I have been trying to get back into the military.  But I can't  because 
of the re-entry code on my DD Form 214.  Nobody will touch me with a 50 foot pole, and 
1 can't  say 1 blame them.  1 did some very immature, stupid, wrong things while I was 
serving my country.  I joined  the Air Force September 22, 1999.  I was only 17 at the 
time and fresh out of high school.  I went to the Air Force because my Poppey, who is my 
GrandfatherIGreat UncleIFather, wanted me to follow in his footsteps.  Except for he was 
in the Army.  I was very stubborn, and had a head as hard as a rock.  I did excellent in 
Boot Camp and did my very best in Tech School.  But when I got back to California, to 
Vandenberg A.F.B. as my permanent duty station everything went down hill fonn there. 
I  was only 4 hours (3 '/z the way I  used to drive) away.  I was always driving up to 
Oaltland to see my family every chance I get.  I was never away from home this long of a 
period so being able to come up to see thein when ever I wanted to was like a sign of 
relief.  The lime I was driving back and forth, should have been the time where I stepped 
up my game and really concentrated on making the best out of my Air Force career.  As I 
sit back and look at it now, I think to myself how dumb I was, I was really stupid.  I used 
to get ::ff  of work at lpm drive up to Oakland get there around 4,4:30 go see a basketball 
game or whatever at my old high school, drive back down to Vandenberg go to sleep 
around  1 am and then get up at 4:30am to go back to work.  I really had some separation 
issues.  I'm  not sure what my problem was but I know that I had a really big one.  Maybe 
if 1 had just  stayed on that route I would have tired myself out and forgot about driving up 
so orten.  But I didn't  even give myself a chance.  I made the biggest mistake of all by 
bringing Marijuana down onto the base and then smoking it in my room.  I know what is 
on  Military records shows that I was bringing it on base with intent to sell.  But I 
assure you that was not the case.  My defense counsel told me that you couldn't  have one 
without the other.  Which J'rn  finding out now is not the case but, I was dumb and stupid 
and didn't know the difference.  I smoked Marijuana one time and since that dreadful day 
I ha~~en't 
touched the stuff since.  I treat Marijuana like the recruiters are treating me now 
(Won't touch with 50 foot pole).  After I got busted with the stuff I knew my military 
career was over.  I did nothing but made it worse for myself.  Underage drinking, I even 
tried to hide out for a week.  But I realized that I got myself into to this and I disobeyed 
the law so I must suffer the consequence.  I went to Military Confinement for three 
months.  And those three months I had  all the time to think.  I knew I was going to get 
kick out, so I thought about ways of making my life better once I got out.  For the past 3 
J  ears I have been Volunteering at different Boys and Girls Club all around the United 
States.  I had a group of girls and boys ages 9-16 and I talked to them about the 
inlportance of making right decisions, the dangers of drugs and the importance of 
correcting your mistakes.  I've  also worked for group homes.  One group home that sticks 
out in my mind is C)ompass Rose Group Homes in Sacramento CA.  There I worked with 
young boys 8-1 8 and I say worked with because even though I was the Counselor they 
taught me some things as well.  Two of the boys that were there ended up going in to the 
military one in the Naky and the other in the Marines.  Other boys at the group home 
want to join  once they get old enough.  Every Saturday morning  I wake up and help out 

illy Aunt who runs the "Project Love" program, which is a program that hands out food 
Jor the less fortunate.  We were sl~own on FOX news one night.  I enjoy what I do 
because I know it makes a difference.  I have turned my life around completely.  I am 23 
no\+ and I know about being the best you can be and becoming someone that people can 
respect and look up to.  What I am asking of you now is to give me another chance.  I 
know I made some huge mistakes when I was 17.  But I am a better person, mature and 
know exactly what I want from life.  I can not get back into the military and correct the 
wrong doings with the Re-entry code that I have.  I am asking for a second chance at 
serving my country and making my Poppey and all others who look up to me now proud. 
Not only them but myself.  This is a chapter in my life that I so badly need to re-write. 
'This time with a better ending. 

Thank You for your time 

30 MSS 

DEPARTMENT OF THE AIR FORCE 

36TH SPACE WING (AFSPC) 

PAGE  10/1E 
f ~ z a ? ~ -  603 87 

MEM.OlumDUM FOR A .  I --------------------------------------------I 
FROM:  30 SFS/CC 

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

NOV  2 7  ZOO\ 

SUBJECT: Notification of Administrative Discharge Action Under AFI 36-3208 

1.  I am recommending yout discharge fiom the United States Air Force for Minor Disciplinary 
Infiractions and Drug Abuse.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraphs 5.50.2 and  5.54, respectively.  If my recommendation, is approved, yout service may 
be characterized as General, Under Honorable Conditions (General).  I: am recommending your 
discharge be characterized as General. 

2.  My reasons for this action ate: 

a.  On or about 4 May 01, you were in wongful possession of alcohol as a minor.  As a 

result, you received nonjudicial punishment undm Article 15, UCMJ dated 14 May 01. 
Punishment consisted of forfeiture of $250.00 pay per month for two months, restriction to 
Vandenberg Air Force Base for 30 days, and reduction to the grade o.fA.irmm.  The recluclion 
was suspended until. S 7 N'ov 0 1, after which tima it would be remitted without further action' 
unless sooner vacated. 

b.  Between on or about 4 Jun 01 and 6 Jun 0 1, you again were found in possession of 

alcohol as a minor, on divers occasions:  As a result, your previously suspended rcdudion from 
your Article 1 5 punishment dated I. 4 May 01 was vacated and you were reduced to the grade of 
Airman. 

c.  On 17 Oct 00, you brought marijuana onto Vandenberg Air Force Base with h e  

intention. of later distributing it.  You also smoked the marijuana the same evening.  From 8 Jul 
01 until 16 Jul01, you were absent from your w i t  without authorization.  As a result, on 6 Sep 
01, you were convicted at a court martial, for wronghl use of marijuana and wrongfbl 
introduction of marijuana onto Vandenberg Air Force Base with the intent to distribute, both in 
violation of Article 112% UCMJ.  You were also convicted of unauthorized absence in violati.on 
of Article 86, UCMJ. Punishment: consisted of redu,ction to Airman Basic, forfeiture of $500.00 
pay per month for six months, and confinement for three montl~s. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special CourtMartial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force and, if 
discharge action is approved, how your discharge will be characterized. If you are discharged, 
you will be ineligible for reenlistment in the Air Force. Fu,rthemore, any special pay, bonuses, 
or education. assistance you h.ave received may be subject to recoupment. 

GUARDIANS OF THE HIGH FRONTIER 

. 

. 

01/17/2002 

10:17 

6063969 

30  MSS 

PAGE  11/13 

4.  You have the xlght to consult counsel.  Military legal come1 has been obtained to assist you. 
L have made an appointment for you to consult Capt Anthony B. Kolenc at the Area Defense 
. You 
counsel, Building 8500, ext. 6-3627128, at 
may consult civilian. counsel at your own expense. 

hours on 

5.  You have the right to submit statements in your own behalf  Any statements you want the 
separation authority to consider must reach me by 
request and receive an extension for good cause shown. I will send them to the separation 
authority. 

(3 duty days) unless you 

6 .  If you fail to consult counsel or to submit matters in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to 30 MDG 
at 

hours on 

8.  Any personal information you M s h  in rebuttal to this action is covered by the Privacy Act 
of 1974.  A copy of AFI 36-3208 is available for your use at the office of the Area Defense 
Counsel, Building 8500, 

9.  Execute the attached acknowledgment and return it to me immediately. 

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

Commander 

U---------- 

Attachments: 
1.  AF Form 3070, dtd 17 May 01. 
2.  AF Form366,dtd26JunOl 
3.  Special Court-Martial Order No, 2, dtd 26 Oct 01