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AF | DRB | CY2006 | FD2005-00459
Original file (FD2005-00459.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
......................... 
.------------------------ 
rvre  GEN 

PERSONAL APPEARANCE 

NAME OF COLINSEL AND OR OR(;ANILATION 

YES 

No 
X 

I 

I 

GRADE 

SRA 

AFSNISSAN 
---------------- 
--- 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUN5b,I, 

VOTY OF THE BOARD 

MEMBER SITTING 

HON 

I 

GEN 

,A&% 
UO'THC 

OTHER 

+ 

DtNY 

ISSINES 

A94.06 

INDEX NI1hlBEH 

A66.00 

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I 
EXHIBITS SlJBMITTED TO THE BOARD 

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1  APPl.ICATION  FOR E V I E W  OF I>ISCHARGE 

1  I  ORDER APPOIN'I'ING THE BOARD 
2 
3  1  L.ElI'BR  OF NOTIFICATION 
4 

BRIEF OF PERSONNEL FILE 
COUNSEL'S RI-'.I,F,ASE TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED A'f 'TIME OF 
PEKSONAL APPEARANCE 

CASE NUMBER 

'I'APF, RECORDTNG OF PERSONAI, APPEARANCE  HE 

14 Sep 2006 
APPLICAhT'S  ISSUE AND THE BOARD'S DECISIONAL  MTIONAL ARE DISCL'SSED ON l l I E  ATIACHED AIR  FORCE DISCHARGE REVIEW HOARD DECISIONAL R4TIONAL.E 

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Case heard in  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. 
*  Reason and Authority 
+ Reenlistment Code 

TO 

SAFIMRHK 
550 C S? RbF? WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

AFHQ FORM 0-2077, JAN 00 

SELRETARYOF 
AIR FORCE DISC 
1535 COMMAND 
QNDREWS AFB, MD 20762-7002 

NEL COUNLIL 

Previous edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NliMRER 

FD-2005-00459 

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:  The discharge is upgraded to I-lonorable, the reason for discharge is changed to Secretarial 
Authority, and the reenlistment code is changed to 3K. 

ISSUE: 

Member received a general discharge for wrongful use of Percocet that was prescribed to her mother. 
Applicant infers her discharge was too harsh because she had served 9 '/z years of service with an exemplary 
record.  While the Board did not condone applicant's  incident of misconduct, after complete consideration of 
the information submitted by the applicant and her compelling personnel record, the Board concluded there 
was sufficient mitigation and extenuation to substantiate an upgrade of discharge, to change the reason and 
authority and reenlistment code. 

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. 

However, in view of the foregoing findings, the Board further concludes that the overall quality of 
applicant's  service is more accurately reflected by an Honorable discharge and the reason for the discharge is 
more accurately described as Secretarial Authority with a Reenlistment Code of 3K.  The applicant's 
characterization and reason for discharge should be changed to Honorable and Secretarial Authority (RE 
Code: 3K) under the provisions of Title 10, USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

, - - - - - - - - - - - - - - - - - - - - - - - - - - -  

L-....-.-....-....---------! 

(Former SRA)  (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr USAF Luke AFB, AZ on 11 Feb 
05 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND : 

a. DOB: 11 Sep 74.  Enlmt Age: 20 7/12.  Disch Age: 30 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-57,  E-60,  G-57,  M-44. PAFSC: 4N051 -  Medical Services 
Journeyman. DAS: 18 Nov 02. 

b.  Prior Sv: (1) Enlisted as AB 26 Apr 95 for 4 yrs. -  Reenlisted as S r A   6 

May 98 for 6 yrs.  Svd: 8 yrs 1 month 29 days, all AMS.  AMN -  26 Oct 95,  A1C - 
26 A u ~  96.  SrA -  26 Apr 98.  SSgt -  1 Oct 01.  EPRS: 3,4,5,5,5,5,5. 

3 .   SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt 26 Jun 03 for 5 yrs. Svd: 01 Yrs 07 Mo 15 Das, all 

AMS . 

b.  Grade Status:  SrA -  13 Oct 04  (Article 15, 13 Oct 04) 

c.  Time Lost:  None 

d ,   Art 15's:  (1) 13 Oct 04, Luke AFB, AZ -  Article 112a.  You did, 

within the continental United States, on divers 
occasions, on or about 21 Jul 04, wrongfully use 
Percocet, a schedule I1 controlled substance.  Reduction 
to SrA. (No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 16 Oct 02 -  15 Oct 03  Luke AFB  5  (Annual) 

16 Oct 03 -  15 Oct 04  Luke AFB  1  (Annua1)REF 

h.  Awards &  Decs: .AFAM W/1 OLC, NDSM W/BSS, AFTR, NCOPMER, AFLSAR W / 1  

OLC, AFOUA W/2 OLCS, AFGCM W/2 OLCS . 

i.  Stmt of Sv:  TMS: (09) Yrs  (09) Mos  (16) Das 
TAMS: (09) Yrs  (09) Mos  (16) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Nov 05. 

(Change Discharge to Honorable) 

i i  

EPARTMENT OF THE AIR F O ' ~  

W l H  MEDICAL GROUP 

LUKE AFB, ARIZONA 86309 

fiB 

MEMORANDUM FOR  sIU! L.-.-.-.-..........------------------. 

FROM:  56 MDGICC 

1.  I am recommending your discharge &om the United States Air Force for Misconduct:  Drug 
Abuse.  The authority for this action is AFF'D  36-32, Military Retirments and Separations, and 
AFI 36-3208, Administrative Separation ofilirmen, paragraph 5.54,  Copies of the documentbl to be 
forwarded to the separation ~uthority to support this recommendation are attached. 

2.  My w o n  for this action is: 

a On divers occasions, on or about 21 Jul04; you wrongfully use percocet.  For this misconduct 
you received an Article 15, dated 13 Odt 04.  Your punishment included reduction tb E-4. 'JSs 
action established an Unfavorable Information File 0. 

. 

, 

. ' ..,, 

,  . 

-  " - - 7   - 

- * - -  

---- 

3.  This action wuld remlt iu your separation with an Under Other Than Honorable Canditions 
(UOTHC) Discharge.  I am mommending tbat you receive an Under Honorable Conditions 
(General) Discharge.  The commander exercising special court-mmtbl jurisdiction or a higher 
authority will make the final dwisiw in this fnazter.  If you are aischarpxl, you will be ineligible 
for reenlistment in the United States Air Force and will pr6bably be denied enlistment in any 
component of the armed forces and any special pay, bonus, or education assistance funds may be 
subjected to rtcoupment. 

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

--"-. . .- 

---- -- 

-- ---- 

-- - -- - 

4.  You have the right to: 

a.  Consalt legal counsel. 

b.  Resent your case to an administrative discbarge board, 

c. Be represented by legal counsel at aboard hearing. 

'. 

d.  Submit statements in your behalf in addition to, or in lieu of, the board hearing. 

e. Waive the above rights. You must wnmlt legal counsel before making a decision to waive 
any of your rights. 

5, You have been scheduled for a medical e x h t i o n ,  Yau must report to 56th Medical Group, 
on 
medical examination. You must retrieve your medical records from 56th Medical Group Hospital 
Outpatient Records and immediately report to Physical Exams, Building 810, with your medical 
l e ~ r &  md YOU  copy of this discharge file for the medical examination. 

houra fbr the examhation.  You have been scheduled for a 

, at 

m 

I d 7  

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G~~~~~~~~~ 
OfferedlAdmitted 
p a g e 1  of  dC7 
._ 

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counsel has been obtained to assist you.  I 

6. You have the right to consult counsel,  Military legal 
have made an appointment for you to consult Captain:. . . . . . . . . . . . . . . . . . b at 7383 N. Litcueld Rd., 
Bldg. 1150, ext 6701, on  27 0 0 ' ~ p f a t   BS& 
munsel, you may have another, if the lawyer you request is in the active military service.and i~ 
reasonably.available as determined according to AFI 5 1-201, Admlnistraz70n ofMiIitary Justice. In 
addition to m i l i i  counsel, you have the right to employ civilian counsal. The Military 
Component does not pay expenses incident to the cmploymcnt of civilian counsel. Civilian 
counsel, if amployad, mwt be readily available, 

I - - - - - - - - - - - - - - - - - - -  

~OUTB. Instead of the appointed 

7.  Confcr with your ~ u n s a l  adreply, in writing, within 7 workdays, spec-g 
the rights you 
choose to exercise.  The statgnent must be signed in the'presence of your counsal who also will 
sign it. If you waive your right to a hearing beforc an administrative discharge board, you may 
submit written stabents in your behalf, I will send the statements to tba discharge authority with 
the case file to be considered with this recommendation. If you fail to respond, your failure will 
constitute a waiver of the right tothe board hearing. 

8. Any personal i d i t i o n  you furnish hrebuttal is covered by the Privacy Act of 1974. A copy 
of AFI 36-3208 is available for your use at your unit's  ordsrlyroom. 

9. If you request a board and you fail ta appear without good cause, your failure to appear 
constitutes a waiver of your right to ba present at the hearing. 

10.  Vyo'u received advanced ,educ'atiod assistance, special pay, or bonuses, and have not 
completed the pariod of active duty you agreed to $me, you may be subject to recoupment. 

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

Attachments: 
1.  Supporting Documents 
a Airman's Statament 
b-  Recoupment Letter 
c.  Airman's  Record of Review Ligting (Six-Part RIP) 
d.  Article 15, dated 13 Oct 04 

2.  Receipt of Notification M~morandum 



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