AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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TYPE GEN 

PERSONAL APPEARANCE 

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RECORDREVIEW 

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ISSUES  A01.57 
A94.06 

INDEX  NUMBER 

A66.00 

HEARING DATE 

CASE NUMBER 

ADDRESS  AND OR ORGANIZATION OF COUNSEL 

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EXHIBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

19 May 2006 
APPLlCAN1"S  ISSUE Ah?)  THE BOARD'S DECISIONAL  RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOAKD DECISIONAL RA'IIO%.INE 

FD-2005-00417 

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1  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. 

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I N D O R ~ E N T  

TO: 

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SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH  AFB. TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

------- 

DATE:  5/32/3006 

SECRETARY OF THE AIR FORCE  PERSONNEL COUNCIL 
AIR FORCE DISCHARGE  REVIEW  BOARD 

1  FROM: 
I 

I 
(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00417 

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 there was an impropriety in her discharge from the Air Force.  The records 
indicated the applicant received an Article  15 for wrongful use of marijuana and consuming alcohol while 
under the age of 21, following which the discharge action was pursued.  Applicant admitted to the use of 
alcohol, however, she contends the urinalysis test results were negative for marijuana.  This issue is without 
merit.  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. 

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 AMN)  (HGH A1C) 

:....-.-.-.-.......--------------' 
1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Seymour-Johnson AFB, NC 
on 22 Oct 04 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 14 Oct 83.  Enlmt Age: 17 4/12.  Disch Age: 21 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-59,  E-50,  G-33,  M-28. PAFSC: 2W151 - Aircraft Armament Systems 
Journeyman. DAS: 22 Apr 02. 

b.  Prior Sv: (1) AFRes 12 Mar 01 -  25 Sep 01  (6 months 14 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 26 Sep 01 for 4 yrs. Svd: 03 Yrs 00 Mo 27 Das, all AMS. 

b.  Grade Status:  A m  -  20 Sep 04 (Article 15, 20 Sep 04) 

A1C -  25 Jan 03 
A m  -  25 Mar 02 

c.  Time Lost:  None. 

d.  Art 15,s:  (1) 20 Sep 04, Seymour-Johnson AFB, NC -  Article 112a.  You 

did, in the continental United States, between on or 
about 9 May 04, and on or about 9 Jun 04, wrongfully use 
marijuana.  Article 92.  You, who knew of your duties at 
or near Greensboro, NC, between on or about 9 May 04 and 
on or about 9 Jun 04, were derelict in the performance 
of those duties in that you willfully failed to refrain 
from consuming alcoholic beverages while under the age 
of 21 years, as it was your duty to do.  Reduction to AB 
(reduction below Airman suspended).  Suspended 
forfeiture of $348.00 pay.  (Appeal/Denied) (No 
mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 26 Sep 01 -  15 Apr 03  Seymour-Johnson AFB  4  (HAF Dir) 
16 Apr 03 -  15 Apr 04  Seymour-Johnson AFB  4  (Annual) 

h.  Awards &  Decs:  NDSM, AFOUA W/1 DEV, AFTR. 

i.  Stmt of Sv:  TMS: (03) Yrs  (07) Mos  (11) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 31 Oct 05. 

(Change Discharge to Honorable) 

TAMS:  (03) Yrs  (00) Mos  (27) Das 

Issue 1:  My main concern is to get my discharged (sic) changed due to no 

evidence.  Refering to my records my test was negative last and i (sic) was 
still dis-charged (sic) and i (sic) was innocent. 

ATCH 
None. 

4th FIGHTER WING (ACC) 

SEYMOUR JOHNSON AIR FORCE BASE NC 

------------------- 
MEMORANDUM FOR AMN1 .-....-..-....------------ 

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

FROM: 4 EMSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for Misconduct: Drug 
Abuse.  The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54.  If my 
recommendation is approved, your service will be characterized as an Under Honorable Conditions 
(General) Discharge. I am recommending that your service be characterized as an Under Honorable 
Conditions (General) Discharge. 

2.  My reason for this action is: 

a.  On or about 9 May 2004 and on or about 9 Jun 2004, you wronghlly used marijuana. This is 

documented in AF Form 3070; dated 8 Sep 2004.  On or about 9 May 2004 and on or about 9 Jun 
2004, you were derelict in the performance of your duties in that you willfully failed to refrain from 
consuming alcoholic beverages while under the age of 21 years, as it was your duty to do.  This is 
documented in AF Form 3070, dated 8 Sep 2004 (Tab la). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the United States Air Force and; if you 
are discharged, how your service will be characterized. If you are discharged, you will be ineligible 
for reenlistment in the,Air Force and any special pay, bonus, or education assistance funds may be 
subject to recoupment. The separation authority will make the findings and recormendations 
required under 10 U.S.C. Section 2005(g). 

4.  You have the right to consult counsel.  Militryy.!e.~;!.cqunsel 
have made an appointment for you to consult(& 
at 

.  0930  hours.  You may consult civilitifimCbiiii5eI at your own expense. 

: - at 

has been obtained to assist you.  I 
,on  12-  N, 

bc 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to cmsider.must reach me by -Iq  o c ~  o4  unless you request and 
receive an extension for good cause shown. .I will send themto the separation authority. 

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

7.  You have been scheduled for a medical e~amination. You must report to  &.T%*.. on , at  moo 

hours for the examination. 

8.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974. A copy 
of AFI 36-3208 is available for your use at Area Defense Counsel's Of'f'ice or Orderly Room. 

9.  You have been scheduled for mandatory Transition Assistance Program. (TAPs) counseling on 
\ 

hours.  You must report to building 3602 for your TAPs counseling. 

2004 at  \3- 

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

m...................-......-.-......-.-......-m 

Commander 

Attachments: 
1.  Supporting Documents 

a. AF Form 3070, dated 9 Sep 2004 

2.  Airman's Receipt of Notification Memorandum 
3.  Airman's Statement 
4.  Medical Examination 
5.  EPRdLOE 
6.  Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or 
Bonuses