AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

YIKST MIDDLE INITMI,) 

PERSONAL APPEARANCE 

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RECORDREVIEW 

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MEMBER SITTING 

VOTE OF THE HOARD 

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I\DE\  41 MBEK 

A67.70 

I Ca\e  heard at Washington. D.C. 
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/  Ad\ isc sppli~tnt of  the decisior~ of  the Board, the right to a personal appearance with/without counwl. and the  righl lo 
I \uhmit  an application to the AFBCMR 

]  Namcs and votes will  be  made available to the applicant at the applicant's request. 

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\EC'RETAHI'  OF TtIL AIR k-OUCE PERSOSNLI.  C'OL EC 11 
AIR FORC't L)ISCII.\H(.E  REVIE\\- RO:\KI) 
1.535  i'O\lUAED  DR. E6 W.lS(;.  3HD E1,OUN 

AFHQ  FOKhl0-2077, JAN 00 

(EF-V2) 

Previous cclitio11 u ill  bc usctl 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

C 4SE NUMBER 

FD-2005-00464 

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 w-ould justify  a change of discharge. 

ISSUE:  Applicant received a General discharge for Misconduct - Drug Abuse 

Applicant did not submit any issues.  The records indicated the applicant was convicted by a Special Court 
Martial for the wrongful use of cocaine.  The Board concluded the misconduct was a significant departure 
from conduct expected of all military members, found no inequity or impropriety in his discharge, and 
concluded the misconduct of the applicant appropriately characterized his term of service.  The 
characterization of the kscharge 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. 

Attac hrnent : 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

A N D R E W  AFB,  MD 

(Former AB)  (HGH AMN) 

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1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr USAF Vandenberg AFB, CA on 10 
Jun 05 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

, a. DOB: 22 Oct 85.  Enlmt Age: 17 9/12.  Disch Age: 19 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-63,  E-80,  G - 6 8 ,   M-77. PAFSC: 2MOllB -  Missile and Space Systems 
Electronic Maintenance Helper. DAS: 19 May 04.. 

b.  prior Sv:  (1) AFRes 24 Jul 03 -  2 Feb 04 (6 months 9 days 1  (~nactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 3 Feb 04 for 4 yrs. Svd: 01 Yrs 04 Mo 08 Das, of which 

AMS is 1 yr 3 months 15 days  (excludes 22 days lost time). 

b.  Grade Status:  AB  -  4 Mar 05  (Special Court Martial, 18 Feb 05) 

A m  -  3 A u ~  04 

c.  Time Lost:  18 Feb 05 thru 11 Mar 05  (22 days). 

d.  Art  15's:  None. 

e.  Additional: None. 

f.  CM:  Special Court Martial -  18 Feb 05 

CHARGE:  Article 112a.  Plea: Not Guilty.  Finding: Guilty. 

Specification:  Did, between on or about 13 Sep 04 and on 
or about 20 Sep 04, wrongfully use cocaine.  Plea: Not Guilty. 
Finding: Guilty.  Sentence adjudged on 18 Feb 05:  Reprimand, 
reduction to AB,  forfeiture of $500.00 pay per month for 6 months, 
confinement for 1 month, 2 months hard labor without confinement, 
to be restricted to the limits of Vandenberg AFB for a period of 
2 months. 

Record of SV: None. 

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

i.  Stmt of Sv:  TMS:  (01) Yrs  (10) Mos  (17) Das 
TAMS:  (01) Yrs  (03) MOS  (15) Das 

4 .   BASIS ADVANCED  FOR  REVIEW:  Appln  (DD Rn  293) dtd 25 Oct  05. 

(Change Discharge to Honorable 1 

NO ISSUES SUBMITTED. 

ATCH 
1 .  DD Forms 214  (Member 4&1) . 

DEPARTMENT OF THE AIR FORCE 

t m ~  SPACE wlNa (AFSPC) 

MEMORANDUM FOR AB: m . . - . - . . . . - . . . . - . . . - - - - - - - - - - - - - - - - - - - - - - - - - - :  

FROM:  532 TRSICC 

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.  If my 
recommendation is approved, your service will be characterized as Under Honorable Conditions 
(General). 

2.  My reason for this action is that on  18 Feb 05, you were found guilty by a Special Court- 
Martial of using cocaine between on or about 13 Sep 04 and 20 Sep 04. 

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.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force and any special pay, bonus, or 
education assistance finds may be subject to recoupment.  The separation authority will make 
the findings and recommendations reqbired under I0 U.S.C. Section 2005(g). 

4.  You have the right to consult counsel.  Military legal counsel is available to assist you.  You 
are to consult the Area Defense Counsel, at Bldg 8500, ext. 6-3627128, immediateIy after 
receiving this.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 

separation authority to consider must reach me by  4 9 (3 duty days) unless you 

request and receive an extension for good cause shown.  I 
authority. 

ill send them to the separation 

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 examination.  You must report to Family Practice 
Clinic, 30 MDG on  12 May 05, at 1000 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 the Area Defense Counsel's Office. 

GUARDIANS OF THE HIGH FRONTIER 

9.  Execute the attached acknowledgment and return it to me a ,-------------------- 

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Attachments : 
1.  Supporting Documents 
2.  Receipt of Notification Memorandum