NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

L..-..-..-..-..-..--------! 
TYPE  GEN 
CowsEL 
No 

1 
1  YES 

IX 
j  NAME AF c o m s E L  AND OR o R C 2 m A n o N  
I 

I 

PERSONAL APPEARANCE 

AS 

I  RECORDREVIEW 

ADDRESS AND OR ORGANIzAnoN OF COUNSEL 

I 

I 

MEMBER SITTING 

HON 

I 

' s .   Y O T E O F ~ B ~ A R D ' ' '  q$  " 
I  OTHER 
GEN 

I  UOTHC 

2 )  

' 

I  DENY 

- 
........................................ 
ISSUES  A94.05 
A94.29 

INDEX NUMBER 

A66.00 

HEARING DATE 

CASE NUMBER 

I 
I 
EMLIBITS SUBMITIED TO THE BOARD 

I 

I 

ORDER APPOINTING  THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

1 
2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF PERSONNEL FILE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

I 

20 Apr 2006 
APPLICANT'S  ISSLT AND ME BOARD'S DECISIONAL  RATIOYAL AJ7E  DISCUSSED ON TllE ATTACHED AIR FORCE DISCIIARGE REVIEW B O a D  DECISIONAL  RATIONALE 

FD-2005-00438 

I 

I 

I 

Case heard at Washington, D.C. 

Advise applicant of the decision of the Board 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. 

x = Board denies u p ~ d e ,  change re 
--------- 
SIGNATU@QF  W!&+@E~-  1- L- L. 1.-. . -. . -. /(/, . -. . -. . -. . -. . -. . LSGMR~RQQE 

2  / 

and authority and change of RE code (* change RE code) 

- - - - - . 
BPLU(~LRWQFWT. - - L. A. -. ---dm 

TO: 

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

. . .- . . . . 

SECKETARY O F I H E  AIR FORCE PEKSONNEI. COl?ICII. 
AIR FORCE  DISCIIARGE REWE\\'  BOARD 
1535 C O . \ U M D   DH, EE \VNG. 3RD FI.OOR 
ANDRE\VS AFB, 3ID 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00438 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 20 Apilr 2006. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: AFOSI Report 

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  for  discharge,  and  change  of 
reenlistment code 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.  The applicant contends discharge was inequitable because it was too harsh.  The records indicated 
the applicant had committed drug abuse as defined by the applicable Air Force Regulation and had also 
received an Article 15, two Letters of Reprimand, one Letter of Counseling, and five AETC Forms 341 for 
misconduct.  The DRB opined that through these administrative actions, the applicant had ample 
opportunities to change his 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 under the circumstances. 

Issue 2.  The applicant stated that he only possessed, but did not use, the anabolic steroid found in his room. 
According to the applicant, he quit using the substance when it became illegal and put it away and forgot 
about it until it was discovered.  Unfortunately for the applicant, even if what he says is the truth, the Air 
Force Instruction on administrative discharges, AFI 36-3208, paragraph 5.54, states that "drug abuse . . . is 
the illegal, wrongful, or improper use, [or] possession . . . of any drug.. .  The term drug includes . . . 
anaboliclandrogenic steroids."  Therefore, although the DRB was sympathetic to his situation, the DRB was 
unable to conclude that an inequity or impropriety had occurred in his case which would allow the DRB to 
upgrade his discharge.  The DRB favorably noticed his remorse for his actions, his burning desire to resume 
service in the military and his acceptance of responsibility for his errors and unanimously assessed the 
applicant as a potentially suitable candidate for re-enlistment but has no power to grant clemency. 

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 recJd a GEN Disch fr USAFR Sheppard AFB, TX on 6 
Jul 05 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2.  BACKGROUND: 

a. DOB: 18 Jul 85.  Enlmt Age: 19 1/12.  Disch Age: 19 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-45,  E-67,  G-37,  M-61. PAFSC: 2A636 -  Aircraft Electrical and 
Environmental Systems Apprentice. DAS: 15 Nov 04. 

b.  Prior Sv:  (1) AFRes 18 Aug 04 -  27 Sep 04  (1 month 10 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 28 Sep 04 for 6 yrs. Svd: 00 Yrs 09 Mo 09 Das, all AMS. 

b.  Grade Status:  AB -  31 May 05  (Article 15, 31 May 05) 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 31 May 05, Sheppard AFB, TX -  Article 92.  You, who 
knew or should have known of your duties at or near 
Wichita Falls, Texas, on or about 9 Apr 05, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcoholic 
beverages while under the legal drinking age of 21 and 
willfully failed to refrain from frequenting a local 
hotel, as it was your duty to do.  You, who knew or 
should have known of your duties at or near Sheppard 
AFB, Texas, on or about 14 Apr 05, were derelict in the 
performance of those duties in that you willfully failed 
to refrain from leaving class early without permission, 
as it was your duty not to do.  Article 107.  You, did, 
at or near Shappard AFB, Texas, on O~..&QLLL-I.~.&L-.Q~, 
:,  an 
with intent to deceive, make to TSgti 
official statement, to wit :  that you 'K3Ci-j5F~iriY33i-6ii-'f rom 
SrA : 
another airman to the dining facility, which statement 
was totally false, and was then known by you to be so 
false.  Reduction to AB.  Suspended forfeiture of 
$617.00 pay per month for two months.  Twenty days extra 
duty and a reprimand. (No appeal) (No mitigation) 

.--------------------------------- 
..-..-..-..-..-....---------------' 

:to leave class early to escort 

e.  Additional: LOR, 06 JUN 05 - Wrongful possession of a controlled 

substance. 

failure to adhere to call to quarters. 

LOR, 25 APR 05 -  Deliberately leave school early and 
AETC 341, 02 MAY 05 - Wearing PRT inappropriately, no 
reporting procedures, and poor 
bearing. 
NCO . 

AETC 341, 01 MAY 05 -  Out of uniform and disrespect to an 

AETC 341, 02 APR 05 -  Late for duty. 
AETC 341, 17 MAR 05 - Open wall locker. 
LOC, 11 JAN 05 -  Damage or destruction to government 
AETC 341, 01 DEC 04 -  Security violation. 

property and lying. 

! 

f.  CM:  None. 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS: (00) Yrs  (10) Mos  (19) Das 
TAMS:  (00) Yrs  (09) Mos  (09) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Oct 05. 

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

for Discharge) 

Issue 1:  I wish to change my discharge to honorable so that I may re-enlist 
into the United States Military.  My discharge was based on one event.  I had no 
other prior disciplinary actions. 

ATCH 
1. Three Character References. 
2. Applicant's Affidavit. 
3. DD Form 214 (Member 4&1) . 
4. Investigative Summary. 
5. Negative Drug Urine Test Notification. 
6. Written Response to Offer of Nonjudicial Punishment. 
7. Basic Military Training Student Performance Summary. 
8. Student Training Report. 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 

a(l L 0s' 

MEMORANDUM FOR AB : .............................................. 
FROM:  364 TRStCC 

; 364 TRS 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for 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 honorable or under honorable 
conditions (general).  I am recommending that your service be characterized as under honorable 
condition (general). 

2.  My reason for this action is that you did, on or about 15 Apr 05, at or near' Sheppard AFB TX, 
wronghlly possess Androstenedione, a Schedule III controlled substance. For this misconduct 
you received a Letter'of Reprimand (LOR) on 6 Jun 05.  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 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 
will probably be denied enlisthent in any component of the armed forces. 

, 

3.  You have the right to consult counsel.  Mili 
I have made an appointment for you to consult 

been obtained to assist you. 

3KL.n b T  

at 

) ~ o o ~ c S  

expense. 

4.  You have the right to submit statements in you o\li~&behalf. Any statements you want the 
separation authority to consider must reach me by  2B;Sun 05  unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

>* 

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to the 82d Medical 
Group, Bldg 1200;.Physical Examinations, at  /OM Afs.  on  9 qTlr*? K 

7.  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 in the Commander's Support Staff Office. 

8.  Execute the attached acknowle'dgment and return it to me immediately. 

C - - - - - - - - - - - - - - - - - - - - - - - - - - - - - r - - - I - - F - - - - - - - - - - -  

1 

Squadron Commander 

Attachments: 
1. LOR, 6 Jun05 
2.  Report of Investigation, 20 May 05 w 2 exhibits 
3. AFOSI Det 41 1 Memo, 20 May 05 
4.  AF Fonn 3070,3 1 May 05 
5.  Response to Article 15,20 May 05 
6.  AF Form 1168, AB : -......... ) : 20 Apr 05 
7.  AF Form 1 168, A1 C Lm=ymy-----' r,  20 Apr 05 
8. AF Form 1168, AlCi --------- 20 Apr 05 
9.  AF Form  1 168, AlC:-------- 
L..  . . . . . .> ' 20 Apr 05 
10. AF  Form  1168, AIC/-------- r, 20 Apr 05 
11. AF UIT 1168, A I C ~ ~ -
'  18 Apr 05 
 
,------ 
12. AF Form  1168, AlC:------ ' 20 Apr 05 
2 ---- 

I - - -   ------ 

-

C . . . . . . -1' 

: 18 Apr 05 

13. AF Form 1168, AlC; ,,,,,-.-.-. 
; ----- ,--- 
----------- 

14. AF IMT 1168, AlC1,,,,-,  : 14 Apr 05 
15. AF IMT 1168, A ~ C :   : 14 Apr 05 
16. AF M T  1168, S S ~ ~ : ~ ~ ~ ~ ' '  
14 Apr 04 
17.AFIMT 1168,AlC: ....,.,.  13 Apr04 
18. AFIMT 1168,AlCl.-.-.-.-  1 -I : 12Apr05 
19. AF IMT 1168, AlG,------- 5 Mar 05 
20. AF IMT 1168, A ~ C !  
?3  Mar 05 
2 1. LOR, 25 Apr 05 
22. (2) AETC Form 341,2 May 05 & 1  May 05 
23. (2) AETC Form 34 1,2 Apr 05 & 17 Mar 05 
24. LOC,  1 1 Jan 05 
25. RMT Final Assessment, 15 Jan 05 
26.364 TRSh4TF-FC, MTF Memo, 11 Jan 05 
27. AETC Fonn 34 1,lO Jan 05 
28. AETC Form 341,l Dec 04 
29. MFR, TSgt i-------'  ; undated 
30. Student ~ r a h i k  geport, 050 1 0 
3 1. LAFB Form 205,15 Nov 05 
32. Airman's Receipt of Notification Memo  LJ d 

b