I 

- - -  

AIR M)KCE DISCHARGE REVIEW  HOARD HEARING RECORD 

i b l l   Olq  Skit\ lC'l<, bI~~Ml5blt (l.ASl', l+lRSl Mli1l)l.b. lNlr~IAI~~ 
.-..-..-.-..-..-..--------------- 

(;MI)E 

AR 

"- 

A\I)  OH OK(,  \\ILtTION 

I  HEC'OKD  REVIEW 

X 
Al)l)l i ~ i I i ( j ~ ~  

ti) [ h i  AFBCMK 

/\(Ivi\c  ; I I > ~ I I C ~ ~ - I I I I  01' the decision of  the Board, the right to a personal appearance with/without counsel, ;uid  [lie right  10 

1  N;tmr\   id botch will hc  rn;~dc available to the applicant at the applicant's requesl. 

AI"IiQ I'OHM  0-2077, JAN 00 

(EF-V2) 

Prcviouh cdition will  I>c u ~ d  

- 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

( AW. Nl'MHEK 

FI)-z,j,j5-U0)443 

(;ENEMl,:  'rhc  applicant appeals for upgrade ol' discharge to honorable. 

'Tlie  applicant was offcred a personal appearance before thc Discharge  Review  Board  (DRI3) hiit  declinccl  to 
cxcrcise this right. 

'I'hc  attached brief contains available pertinent data on the applicant and the frlctors leading lo thc discharge. 

FlN1)INGS:  Upgrade of discharge is denied. 

'I  hc  Board  fincls  that  neither  the  evidence  of  record  nor  that  provided  by  the  tipplicant  substaniiates  a11 
i~lcclt~iiy or inrpropriety that would justify  a change of discharge. 

ISSIJE:  Applicant  rcccivcd  a Gcneral discharge for Misconduct - Drug Abusc 

Appliciint \uhrniltcd  no issucs.  The records indicated the applicant received  an Articlc  15 for wronglully 
using rnari.juaria.  Giver] the Air Force Lero tolerance for wrongful use of dri~gs, the Uoard co~icludcd 11ic 
misconduct wa\ a significant dcparture from conduct cxpcctcd of all mililary  members atid  the 
c.iiari~ctcrizatioli of  the discharge received by thc applicant was found lo be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludcs  that  the  discharge  was  co~lsistcnt with  illc 
~xoccclural and  substantive  rcquircments  of' the  discharge  regulatior~ and  was  within  the  discretion  01' 
the 
cl~~clli~rgc 

authority and that the applicant was provided full adminislrativc due process. 

In  vicw of the foregoing findings the Board further concludes that  lhere exists no legal  or ccluitable 
upgradc o f  discharge, thus the applicant's discharge should not be changed. 

fat. 

Attiicli~i~cnt: 
Lxurnitlcr's  Bricf 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (WGH SRA) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Pope AFB, NC on 19 May 
05 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 25 Jul 83.  Enlmt Age: 18 5/12.  Disch Age: 21 9/12. Educ: HS DIPL. 

AFQT: N/A.  A-56,  E-74,  G-59,  M-62. PAFSC: 2A351B - Avionics Systems 
Journeyman. DAS: 3 Mar 03. 

b.  Prior Sv: (1) AFRes 23 Jan 02 -  3 Jun 02  ( 4   months 12 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 4 Jun 02 for 6 yrs. Svd: 02 YrS 11 MO  16 Das, all AMS. 

b.  Grade Status:  AB  -  12 Apr 05  (Article 15, 12 Apr 05) 

SrA -  19 Nov 04 
A1C -  19 Jul 02 
A m  -  04 Dec 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 12 Apr 05, Pope AFB, NC -  Article 112a.  You did, 

within the continental United States, between on or 
about 1 Dec 04 and 28 Dec 04, wrongfully use marijuana. 
Reduction to AB and a reprimand, (No appeal)  (No 
mitigation) 

e.  Additional: None. 

f.  CM:  None 

g.  Record of SV: 4 Jun 02 -  29 Feb 04  Pope AFB  5  (HAF Dir) 
1 Mar 04 -  28 Feb 05  Pope AFB  5  (Annual) 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (03) Mos  (28) Das 
TAMS: (02) Yrs  (11). Mos  (16) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Nov 05. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

f 

f-o--004Y3 

DEPARTMENT OF THE AIR FORCE 
23D AIRCRAFT MAINTENANCE SQUADRON (ACC) 

POPE AIR FORCE BASE NORTH CAROLINA 

MEMORANDUM FOR  ABi 

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

FROM:  23 AMXSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from 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. This action 
could result in your separation with an Under Other Than Honorable Conditions (UOTHC) 
Discharge.  I am recommending that your service be characterized as an Under Honorable 
Conditions (General) Discharge. 

2.  My reason for this action is between on or about 1 Dec 04 and on or about, 28 Dec 04, you 
wrongfully used Marijuana, as documented by an AF 3070, Record of Nonjudicial Punishment 
Proceedings, dated 12 Apr 05 and a Report of Investigation, dated 4 Mar 05. 
, - - - - - - - - - - - - 

4.  Military counsel may be obtained to assist you.  Contact TSgt i .-..-....-.. $extension 4-2362) at 
the Area Defense Counsel's office, to schedule an appointment with the Area Defense Counsel 
(ADC).  You may have a military counsel other than the ADC, if the lawyer you request is in the 
active military service and is reasonably available as determined according to AFI 5 1-201.  In 
addition to military counsel, you have the right to employ civilian counsel.  The Air Force does not 
pay expenses incident to the employment of civilian counsel.  Civilian counsel, if employed, must 
be readily available. 

5.  You have the right to submit a statement on your behalf.  Any 
Separation Authority to consider must reach me by 
receive an extension for good cause shown.  Any 
Separation Authority. 

6.  If you fail to consult counsel or to submit statements on your behalf within three duty days, 
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 the Pope AFB Flight 
Medicine Clinic on b h y  at  /3W  hours for the examination. 

8.  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 http://www.e-publishing.af.mil/. 

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

Attachments: 
1.  AF Form 3070, 12 Apr 05 (3 pgs) 
2. Report of Investigation, dated 4 Mar 05 (19 pgs) 
3. Receipt of Notification Memorandum