AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

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TYPE  GEN 
mUNg'c  . 

NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

GRADE 

AMN 

AFSNISSAN 
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RECORD REVIEW 

X 
ADDRESS AND OR ORCANIZA I'ION OP COUNSEL 

YES 

No 
X 

L 

I 

J 

MEMBER SITTING 

HON 

I 

X 

-  VOTE OF TIiE BOAR0 
G t N  

I  UOTHC 

I  OTHtR 

* 

Advise applicant of the decision of the Board, the right to a personal appearance withtwithout  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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TO: 

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

~ O R S E M E N T  
-  - 

. 

FROM: 

-.  .. . 

DATE:  711 1R006 

SECRETARY O P  THE AIR FORCE PEllSONNEL  COUNCII, 
AIK  VORCE DISCHARGE REVIEW BOARD 
1535 COMMAND D R  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

C.-..-..-..-..-.-..-------------------I 
ISSUES  A94.05 
A01.25 
A92.39 

INDEX  NllMBEH 

A67.70 

HEARING DATE 
05 Jul2006 

CASE NUMBER 

FD-2005-0042 1 

Case heard at Washington, D.C. 

1 
2 
3 
4 

l ~ ~ ~ ~ ~ s t r s  

SUBMITTED TO T ~ E  BOARD 

ORDER APPOINTIN(>  1 H t  BOARD 
APPLICATION  FOR REVlbW OF DISCHARGE 
LETTF,K OF NOTIFICATION 
BRIEF OF PERSONNF,I,  FILE 
COUNSF1,'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUHMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL API'FAKANCL 

>  .- 

I 

DtNY 

X 

X 

X 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-2005-00421 

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 discharge was inequitable because it was too harsh and she was wrongfully 
accused of using a schedule I11 controlled substance, Vicodin.  The records indicated the applicant received 
an Article  15 and Letter of Reprimand for misconduct.  Applicant received a Letter of Reprimand for failure 
to maintain a proper family care plan, disobeying an order by failing to report for mandatory fitness training 
and failure to go.  The basis for her discharge action was an Article  15 for wrongful use of a schedule 111 
controlled substance, Vicodin.  Applicant was punished with reduction to the grade of airman, 15 days extra 
duty and discharge from the United States Air Force.  The DRB opined that through these administrative 
actions, the applicant had ample opportunities to change her negative behavior.  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.  The applicant cited her desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on 
December  18,2002) that she understood she 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 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 rec'd a GEN Disch fr USAF Elmendorf AFB, AK on 28 
Jul 05 UP AFT 36-3208, para 5.54 (Misconduct -  Drug ~buse). Appeals for 
Honorable Discharge. 

2 ,   BACKGROUND: 

a. DOB: 13 Mar 82.  Enlmt Age: 20 8/12.  Disch Age: 23 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-59,  G-74,  M-48. PAFSC: 4A051 -  Health Services Management 
Journeyman. DAS: 22 May 03. 

b.  prior Sv: (1) AFRes 5 Dec 02 -  10 D e c   02  ( 6   days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 11 Dec 02 for 4 yws. Svd: 02 Yrs 07 Mo 18 Das, all AMS. 

b.  Grade Status:  Amn -  08 Jun 05 (Article 15, 8 Jun 05) 

A1C -  11 Apr 04 
A m  -  11 Jun 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 Jun 05, Elmendorf AFB, AK -  Article 112a.  You, did, 
at or near Anchorage, Alaska, between on or about 1 Sep 
04 and on or about 1 Nov 04, wrongfully use Vicodin 
(Hydrocodone), a Schedule I11 controlled substance. 
Reduction to Airman, and 15 days extra duty. (No appeal) 
(No mitigation) 

e.  Additional: LOR, 2 MAY 05 -  Failure to maintain a proper family care 
plan, disobeying an order, and failure to 
to. 

f.  CM:  None. 

g.  Record of SV: 11 Dec 02 -  10 Aug 04  Elmendorf AFB  4  (Initial) 

11 Aug 04 -  17 Jun 05  Elmendorf AFB  1  (Cmdr Dir)REF 

h.  Awards &  Decs :  GWOTSM, AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (07) Mos  (24) Das 
TAMS:  (02) Yrs  (07) Mos  (18) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd 14 Oct 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 *  Report of Investigation. 

.,$Imam', 

Mv name is! 

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; I ioined the United States Air Force in 

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----- ---------; 

L - - - -  

1 - - - - - - - - - -  

Deccsr;lber of 2&:-Mtei&ki~-anb  Technical Training I was stationed at 
Elmendorf AFB in Alaaka. I worked at the 3rd Medical Gmup on Elmendorf 
AFB es a Health Setvices Management Apprentice in the Wornens Health 
Ollnlc. -On the 24th of .Februwy+d.PMM 1 . ~ 8  auppsed to go.PBllerw Ohaw 
here in Mlchlgan. I had my orders, plane tickets, etc  I was natined a 
week prior to my seperetion date that I had been put on administrative 
hold, and would no longer be able to leave. I was called into the Offii - - - - -, 
-....-..-....- 
of Special Investigations and questioned regarding another Airman; 
j had.joined the military at the,rsquest of a judpdue W--------' 
legal-&a?@$ against her pertaining to usel selling of heroin. Knowing 
hat I should still legally be able to go palace chase, because I had 
received orders, I was questioning why I was still there. This 
investigation went on for almost a year, and my daughter, husband and I 
werekept there, due to Administfatwe hold. I was not-ellowed to take 
leave without commands approval. There also WEIS  another Airman: - - - - - - 
. - - - - - - - - , 
L . - . . - . - . :and the Amn in question that had the same circumstances. Because I 
have a one year old daughter, my desire we$ to be at home in Michigan with 
my famlly to offer helplsupport for us. Eventually I was told that I would 
k.mporting to my mmmsmnder. When I did, I was informed that I was 
getting an Artlcle 15 for controlled uae of an illegal substance. (Thus 
beiw Mcodin.) Shocked I left the office with an OSI report in my hand. 
When reviewing I had saw that there was a night when I was at my 
-------------- 
supenrisors house that a Confidential 
I ------------- :take a Vscadin Pill. Altbugh 
savl m)cself,; 
my supervisZif5f4fMf iii-fie-report that she never saw anything, them was 
a confidential source that said we had. ~ ~ g t i - - - - - - - -  
had 
t w o p u n g a i ~ ? n J y i i t ~  with her af  the time. %iiii;rrmgg-we[e 
%fit--------  had hurt his leg and was dating: .-..-..-.-..-: 
aM1: 
him tell ,W she m l d  have hh Y - W n  
_ : and 
pills. Because; - - - -! came in to the military with a drug pzb!?m, 
carrthd out tClroughout her military carreer. A night wh*;  __________- 
-_ 
I wera at my supervisors: harse t witnessed her taking; -. . . . -. . -. . . . : piHs. 
When I questioned her about what - - - - - - - - - - - - ,  
$he was doing, she responded by saying 
that he mid she-y!d-!~ve them.;.  . . . . . . . . . .:returned  home one night end 
spke with Sgt : - - - - - - -:about being questioned by OSI. He stated to ; 1::  1:; 
.. ..-., 
that;  "He told OSI what they wanted to hew so he could go home." 
Thu8 rtmutting irr my dkharge from Active Duty. When t was questiorted by 
OSI I explained to them what I had seen I also volunteered to allow them 
to search my car, home, and take a drug test. The drug test came back 
negative for any use of a controlled substance, and nothing was found In 
my hwse or vehicle. When I spoke to my lawyer at the Area Defense Counsel 
she requested that I go to Court Martial. She also stated they had no 
cetae, and It was complete hear say. H you are interested in seelng my OSI 

Source had reported that they had 

:(my supervisor) 

'..-..-.I 

, , 

,. . L__-. . ._;- 

I

.

 

repM t wtt atadfully mnd it to yau. Although Court Martiat was an 
option I was also notfied that if for some reason the judge found me 
guilty I would risk the poesibillty of wlng to jail. As a mother I did 
not want to take that risk. After almost a year of an invg8tlgatlon that I 
was left in the dark about, I did not want to continuer to wait f g  a court 
martial-wrb risk being up there for another par. My rank waa reduced and 
mysev,  Amnf - - - - - - - ; end~mnf------- 
Air Fww. It-%Kfiil%ul  of ihe hniSji to disrnirs some one with the 
issues Amn: - - - - - - - 
:had. I feel strongly and am willlng to go above and 
beyond to fight for this. Amn--------- :and I were mngfully accused and 
that nd snlywaa cornpist8 
endured a tot d palrdagmy % ~ ~ s o m e W n ~  
hear say, but warr something that had never been done. I am not able to get 
my educrrtional benefits or unemployment due to these circumstances. I ask 
you this sir, that you hear mypurpose and help me. You can reach me via 

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jwere discharged from the United States 

I ---. :. Thank you for your time, 

email at L.. --.,,,  . - r-,,7,,,,,,,,,,,,,,, 

.------- 

----------- 

P.S. I would still like to be se&itig-m3-C0iiril~:--' 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

I 

FROM: 3 MDOS/CC 

SUBJECT: Notification Memorandum 

1.  I am recommending yow discharge h m  the United States Air Force for drug abuse, 
specifically, Vicodin.  The authority for this action is AFPD 36-32 and AFI 36-3208, pmgraph 
5.54.  If my recommendation is approved, your service will be characterized as honorable, 
general or under other than honorable conditions (UOTHC).  I am recommending you service 
be characterized as general 

2.  My reasons for this action is:  Between 1 Sep 04 and 1 Nov 04, you wrongfully used Vicodin, 
a schedule IlI controlled substance.  For this offense, you received nonjudicid punishment, under 
Article 15, consisting of a reduction to the grade of airman and 15 days extra duty.  This action 
established an Unfavorable Information File (UIF).  (Atch I) 

3.  Though not used as a basis for this discharge action, the following will be forwarded to the 
separation authority for review in consideration of your service characterization: 

On 28 Apr 05, as a result of your failure to maintain a proper family care plane, you 

fajled to report to your appointed place of duty.  For this offense, you received a Letter of 
Reprimand, dated 2 May 05.  (Atch 2) 

4.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached, The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you are discharged or retained in the Air Force, and if you are 
discharged, how your service will be chmterized. If you arc discharged, you will be ineligible 
for reenlistment in the Air Force, and any special pay, bonus, or education assistance fun&  may 
be subject to rtcoupment. 

5.  You have the ri&t  to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appbintment for you to consult Capt :---------------:- 
j 552-3887, at Bldg 10480, 
. You may consult civilian counsel at your own 
Room 330 on  isfa f  0 5  
expense, 

at  /300 

6.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after the date of this letter 
unless you request and receive an extension for good cause shown  I will forward any statements 
you provide to the separation authority, 

7.  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. 

8.  You have been scheduled for medical examinations. You must repor& with your medical 
records, to the 3rd Aerospace Medicine Squadron, Bldg 5595, at  / N O  
for your firat exam, at which time you will be notified of the time for your swond exam.  Bring 
with you the Medical Assessment Lcttcr @D Form 2697).  You are to refrain b r n  alcohol for 
72 hours, and refrain fiom the use of tobacco products for 6 hours, prior to examination.  Bring 
eyeglasses (and contact solution if using contacts) if applicable.  You must be in uniform for 
these examinations. 

on  l S f ~ f 0 s  

9.  You have been scheduled for a Transition Assistance Program briefmg.  You must report to 
. You have also been scheduled 
the Family Support Center at  W 3  0 
for a TMO Household Goods Shipment preprocessing briefing,  You must report to Bldg 85 17 
(People Center), Room 247 at  o m  
You must be in uniform for 
a'll appointments. 

/8SUIoJ' 

on 

on 

/qJZ( 

10,  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use at your Squadron Orderly Room. 

L.-....-.-..-.-....---------------------, 

Commander 

Attachments: 
,I. AF Form 3070 (Article 15), dtd 8 Jun 05 
2.  Letter of Reprimand, dtd 2 May 05