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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAkIE OF SERVICE MEMBER (LAST, FIRST MIDD1,E INITIAL) 
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'fYPE  GEN 
1 NAME O F  COUNSEI. AND OR OKC.ANlZATION 
NSEL 

PERSONAL APPEARANCE 

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RECORDREVIEW 

ADDRESS AND OK ORGANIZATION  OC  ( OUNSEL. 

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ISSUES  A92.15 
A92.01 
A94.05 

INDEX  NUMBER 

A67.70 

'  EXHI@&&$ SUBMITTED, TO THE BOARD 

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ORIIER APPOTN'I INC; THE BOARD 
APPLICATION FOR  REVIEW OF DISC'I I.%R(;E 
L t  I 'I  ER OF NOTIbIUATION 
HRIEF OF PERSONNEI.  FII,E 
COUNSEL'S KEl,t..ASE TO TIIE BOAR11 
ADDITIONAL  EXHIBITS SUBMI'I'TED AT TIME Ob 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAI, APPEARANCE 

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HEARING DATE 

C 4 S E  NUhIBER 

APPLICANT'S ISSUE kW  THE BOARD'S DECISIONAL RATIO>,%  ARE DISCI!SSIiD  ON THE ATTACIED AIR FORCE DISCHARGE REVIEW BOARD DECISIOSAL  KAIIOI\ALE 

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Case heard  in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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. 

SAFIMKHR 
550 C STREET WEST, StJITE 40 
RANDOLPII AFB. TX 781 50-4742 

SECRETARY OP'rHE AIR FORCE PERSONNEL COUNCIL 
\IR  bOR(  E DlSCH  \RC.L  R6\'IE\\  BO \RU 
1535 COllhlAND DR. EE  \\I\(,. 
ANDREWS AFB, MD 20762-7002 

3RD 1;l.OOR 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will  be used 

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AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00398 

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 substantiatcs an 
inequity or impropriety that would justify  a change of discharge. 

ISSUE: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15 for wrongful use of marijuana.  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.  Applicant states that his discharge did not take into account the good things he did whilc 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. 

Issue 4.  The applicant cited his desire to receive thc G.I. Rill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 
October 13,2001) that he understood he must receive an Honorable discharge to receive future educational 
entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

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 administrativc 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 A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Hanscom AFB, MA on 9 Feb 
03 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for   on or able 
Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Apr 80.  Enlmt Age: 18 3/12.  Disch Age: 22 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-76,  E-73,  G-72,  M-42. PAFSC: 4Y051 -  Dental Assistant. 
DAS: 13 Aug 02. 

b.  Prior Sv: (1) AFRes 27 Jul 98 -  27 Sep 98  (2 months 1 day)(Inactive). 

15 days, all AMS.  AMN -  28 Mar 99.  A1C-(EPR Indicates) :  28 Sep 98-27 May 00. 
SrA -  28 Sep 01.  EPRs: 5,5. 

(2) Enlisted as AB 28 Sep 98 for 4 yrs.  Svd: 3 yrs 6 months 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 12 Apr 02 for 4 yrs. Svd: 00 Yrs 09 Mo 28 Das, all 

AMS . 

b.  Grade Status:  A1C -  13 Jan 03  (Article 15, 13 Jan 03) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 13 Jan 03, Hanscom AFB, MA -  Article 112a.  You did, 

within the continental United States, between on or 
about 1 Aug 02  and on or about 31 Dec 02, wrongfully use 
marijuana.  Reduction to AlC, and a reprimand. 
(No appeal) (No mitigation) 

e.  Additional: None. 
f .  CM:  None 
g.  Record of SV: 28 May 01 -  27 May 02  Travis AFB  5  (Annual) 

h.  Awards &  Decs:  AFTR, NDSM, AFLSAR, AFOUA W/3  OLCS. 

i.  Stmt of Sv:  TMS: (04) Yrs  (06) Mos  (14) Das 
TAMS: (04) Yrs  (04) Mos  (13) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 06 Aug 0 5 .  

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 .   DD Form 2 1 4 .  

(Please read instructions on Pages 3 and 4 BEFORE completing  this application.1 

FROM THE ARMED FORCES OF THE UNITED STATES 

APPLICATION FOR THE REVIEW OF DISCHARGE OR  DlSWllSSAL 

1 
I 
I The Public reporting burden for thls collectlon of  lnformatfon Is estimated to  averaae 30  minutes par response,  lncludlng the Uma  for  revlewlnp Inatructlons, 6Bar~hlng exlstlng data  sources. 
I 
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I P~,INCIPAL PURPOSEW:  To apply for a change in the  characterization or reason for military discharge issued to an individual. 

gathering and rnaintainlng the data  needed,  and completing and revlawlng the collectlon of Informarlon.  Send commems regarding thls hurden estlmate o r m y  other aspect of this collection 
of Inf~n'natlon, Including suggestlonr for reduclnq the burden, to  Depament of Defense, Washington Headquarters Servicas. Dirsctorate for Information Operations and Reports 10704-00041, 
1215 Jsffmrson Davis Highway.  Suke 1204, Arlington,  VA  22202-4302.  Respondents should  be  aware that notwithstanding any other provtsion of  law, no person shall be rublect to  any 
penalty for falling to comply with o coliactron of Informarlon If tt  does not dlsplay a currentiy valid OMB control number. 
PLEASE DO NOT RETURN YOUR  FORM TO THE ABOVE ADDRESS.  RETURN COMPLETED  FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE. 
AUTHORITY:  10 U.S.C.  1553: E.O. 9397. 

ROUTINE USE(S1:  None. 
DISCLOSURE:  Voluntary;  however,  failure to provide identifying information may impede processing of this  application.  The request for 
So'Eial Security Number is strictly to assure proper identification of the individual and appropriate records. 
1.  4PPLlCANT DATA  (The person  whose discharge is t o  be reviewed].  PLEASE PRINT q R  TYPE INFORMATION: 
a.  BRANCH OF SERVICE  (X one)  I 

F o r r n d p p r o v ~ d  
OMB NO. 0704-0004 , 
Expires Aug 3 1,  2006 

PRIVACY ACT STATEMENT 

I MARINE  CORPS 

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I AIR FORCE 

I NAVY 

I  ARMY  I 

.*- Z..r. 

.  A 

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2. DATE OF DISCH&RGE OR SEPARATION  4.  DISCHARGE CHARACTERIZATION RECEIVED (Xone)  5.  BOARD ACTION REQUESTED (X one) 

I  L  . I  

(If date is more than  15 years 

(W+YMMDDI 
ago.  submit a DD Form  1491 
2603 0 7 ~ f i q  

3.  UNIT AND LOCATION AT DISCHARGE 

OR  SEPARATION 

HONORABLE - - .- 
GENERALIUNDER HONORABLE CONDITIONS 
UNDER OTHER THAN HONORABLE CONDITIONS  -- 
BAD CONDUCT (Special court-martial only) 
UNCHARACfERlZED 
OTHER (Exblain) 

- 

CHANGE TO HOtdORABLE 
CHANGE TO GENERAUUNDER 
HONORABLE CONDlTlONS 
CHANGE TO UNCHARACTERIZED 
(Not applicable fbr Air Force) 
CHANGE ~ARRATIVE REASON FOR 
SEPARATION f 0: 

7.  IXif.appiicableJAN qPPLlCATlON WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD) 

+ 

AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES.  JUSTIFICATION,  OR  EVIDENCE. 

8.  IN SUPPORT OF THIS APRICATION.  THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item  77. 

If military documents or medlcal records are relevant to your  case, please send cop1es.l 

9.  TYPE OF REVIEW REQUESTED ( X  one] 

>CONDUCT A  RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITTCP  BY ME.  I ANDIOR (counse~representatve WILL NOT APPEAR  BEFORE THE BOARD. 
I AND/OR  lcounseUrepresentative) WISH TO APPEAR  AT A  HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
.WASHINGTON,  O.C.  METROPOLITAN AREA. 
I ANDlOk (counseVrepresenfate WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A  TRAVELING PANEL CLOSEST TO 
(NOTE:  m e  Navy Discharge Review Board does not have a traveling panel.) 
(enfer ciiy and statel 

(Last, Erst, Middle Initial) AND ADDRESS  1  b.  TELEPHONE NUMBER (Include Area  Codel 

i0.a.  COUNSELIREPRESENTATIVE 

I  '  (See Irem  70 of the instructions about counseYiepresentative.) 
I 

( 1 f a n y l N ~ ~ 6  

: 
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c.  E-MAIL 

d.  FAX NUMBER (lncl~de Area  Code) 

11.  APPLICANT MUST SIGN IN ITEM 33.a. BELOW.  If the record in question is that of a deceased of inco,mpetent persen.  LEGAL PROOF OF 

DEATH OR JNCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application is signed by other than the applicant. indicate 
the name (print1 

and relationship by marking a  box below.. 

~ E G A L  REPRESENTATIVE n OTHER ( s p e c ; ~ )  

:- 

" 

7 SPOUSE 
12.a.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 

NEXT OF KIN 

WIDOWER 

WIDOW 

(F~rward notification of any change in address.) 

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CERTIFICATION. 
I make the foregoing statements,  as part of m y  claim,  with full knowledge of the 
penalties invorved for willfully making a false statement or clalm.  (U.S. Code,  7i'tIe  18, Sectioos 287 

-'and  1001, provide  that an individual shall be fined under this title or imprisoned not more than 5 years, 

or doth.1 
8=.. S!E@J-QRk: 

FJ.EQ,&&RREQ 

~ ~ / ? g ~ c a f l . t p ~ ~ f r s o n  

in kern  I I above) 

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b  . T E L E P A O E N I ~ B E Q . ~ ~ ~ O ~ ~ ' A ~ ~ B ~ C ~ ~ ~ I ~ .  

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d.  FAX NUMBER (Include A r e a , E ; Z - - - - - - - - - - - - - -   1 

-. . -. . -, 
:- 

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.  t '  

.  CASE NUMBER 

(Do not write in this space.) 

(Y WYMMDD) 

b.  DATE SIGNED - REQUIRED 
I  2005 I\  21 

~ z ~ P s - o ~ J @  

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Page 1 of 4 Pages .': : 

DD FOR-3, 

AUG 2003 

PREVIOUS EDITIONS ARE OBSOLETE. 

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August 6,2005 

To Whom it may concern, 

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

My name is i 

!and I was previously enlisted in the USAF.  I was a dental 
of 2003.  I served as an honorable airman and a 
assistant from ~e~tekb&.-.-.-.-.-.-.-.-.------------------F-------*--------, 

Commander 

Attachment: 
1.  AJ? Form 3070, dated 13 January 2003 
; dated 19 December ZOO2 
2.  AF Form  1168, Sr4-  , 
3.  Urinalysis Results, SrA: - - - - - - - - - - - - - - - - - - - j dated December 2002 

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