AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

(LAST, FIRST MIDDLE INITIAL) 

GRADE 

TYPEGEN 

IX 

I 

PERSONAL APPEARANCE 

I 

RECORD REVIEW 

I 

ADDRESS AND OR ORGANIZATION  O F  COUNSEL 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

GEN 

UOTHC 

OTHER 

I  DENY 

~ 

-+ 

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ISSUES 

A93.01 
A66.00 

INDEX NUMBER 

A66.00 

1  HEAIUNC DATE 

1  CASENUMBER 

X +* 
X +* 

EXHlBlTS SUBMITTED TO THE BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR  REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL  FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

1 
2 
3 
4 

1 

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. 

I +  Reenlistment Code 

*  Reason and Authority 

___________________-----------------------------------------------------------------------------------------. 

ISDORSE\IEST 

DATE:  4/5/2006 

TO: 

I 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

7 

FROM: 

I 
(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR  FORCE DISCHARGE  REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00475 

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 04 Apr 2006.  The following witness also testified  on the applicant's  behalf:  Ms. j 
- - - - - - - - - 
- - - - - - - - - 
; - - - - - - -  .. 

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 are denied. 

The Board  finds  the  applicant submitted  no  issues  contesting  the  equity  or propriety  of the  discharge, and 
after a thorough  review  of the  record, the  Board was  unable to  identify  any  that  would justify  a change  of 
discharge. 

ISSUE: 

The records indicated the applicant received an Article  15 and one Letter of Reprimand (LOR) for 
misconduct.  The applicant received the LOR for hitting a vehicle and not attempting to contact the owner or 
Security Police.  He also received an Article  15 for wrongful use of marijuana which resulted in reduction to 
airman basic.  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. 

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 recld a GEN Disch fr USAF Holloman AFB, NM on 2 
Jul 98 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: 29 Jan 78.  Enlmt Age: 18 0/12.  Disch Age: 20 5/12.  Educ: HS DIPL. 

AFQT: N/A.  A-20,  E-67,  G-48,  M-45. PAFSC: 3M031 -  Services Apprentice. 
DAS: 4 Feb 97. 

b.  Prior Sv:  (1) AFRes 28 Feb 96 -  8 Oct 96  (7 months 11 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  9 Oct 96 for 4 yrs. Svd: 01 Yrs 08 Mo 24 Das, all AMS. 

b.  Grade Status:  AB -  8 Jun 98 

A1C -  9 A u ~  97 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 Jun 98, Holloman AFB, NM  -  Article 112a.  You did, on 
divers occasions between on or about 16 Feb 98 and on or 
about 19 Mar 98, wrongfully use marijuana.  Reduction to 
AB.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 13 AUG 97 -  Hitting a vehicle and not attempting to 

contact the owner or Security Police. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS: (02) Yrs  (04) Mos  (05) Das 
TAMS: (01) Yrs  (08) Mos  (24) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 02 Dec 05. 

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

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. DD Form 214. 
3. Police Record  Check. 
4. Two Character Reference. 
5. DD Form 149. 

I 

I  Explies Aug 31,2006 

Farm Approved 
' 
OM8 NO. 0704-0004 

I 

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APPLICATION FOR THE REVIEW OF DISCHARGE OR  DISMISSAL 
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FROM THE ARMED FORCES OF THE UNITED STATES 
- 

IPlease read instnrctlons on Pages 3 and 4 BEFORE completing this appGcatlon.t 

Ru publlo reponha bwdrn for bJs ooflmaUon  of Intomution is utrmstad to w q a  30 rn- 
par  rlrporw, including tha tlmm for rdrwlng hmu*ionr,  r@vchlng d s t h g  dam sources, 
gathdnci nd m.Inbidno UI*  dnr nn4ml. nd cutrwktina and rrvlmho thr  wllatlan of InfonnatIon  Smd comments nnvdina thb burden udmrtn or am ahr upact d thh ecll.ctlon 
of Intmr~on. lncludlng toQguclonr for Rdueinq mb burdin, to D.pubnm of Dctmnrm, Wuhhson HI.dqwm seniinm; Dlnsiomta for hfomltion o p u r t l w  d ~ e p o m  (07044041, 
121 5 J e f f ~ ~ o n  DEW Mphww.  Wp 1204. Minoton, VA  222024302.  Rampondentr should be awua thal notwHMMdlnp any o t h r  p&siDn  or law, no  prnon ~ h l l  ba arbj.cc to any 
wdty for f a 0 h  t o  m p l v  Wtth r 00Rectk4 of kforrn.tlon  U It doU no1 dlrdw r armnth vrDd O M I  control nunber. 
PLEASE DO NOT RETURN  YOUR  FORM TO THE  ABOVE ADDRE&;  R ~ R N  

C O M P L ~ D  KIRM TO me APPROPRLATE ADDRESS ON,BACK OF THIS PAGE. 

PRIVACY ACT STATEMENT 

A~THORITY:  10 U.S.C.  1553;  E.O.  9397. 

I PRINCIPAL PURPOSE(S):  To apply for a change in the characterization or reason for military dircherge issued to an individual. 

ROUTINE USEIS):  None. 
DISCLOSURE:  Voluntary:  however,  failure to provide ldentifvina information mav irn~ede ~rocessina of this aoollcation.  The request for 
social Security Number  strictly to assure proper ldentificatknof the individual and appropriate records. 
1.  AP@LICANT  DATA  (The person whose &charge  k to be reviewed).  PLEASE PRINT OR TYPE INFORMATION, 
 AIR FORCE 
a.  BRANCH OF 68NICE DC one1 
b,  -~M!UL#@& _Fi5~-4f?P'_db~ h&hJJ - - - - - - - - - - - - - - - - - , 
t-7- 
2.  DATE 0  DlSCWGE OR  SE~ARAT~ON I 4.  DISCHARGE CHAWTERIUlnON RECEIVED a one) 1  5.  BOARD ACTION REQUESTED IX a.ll 

I COAST GUARD 
d., -SOFIA4 S-WU-R!PI-N_UM&P_  - -- - 
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E.  GRADEIRANK AT DISCHARGE 
C A  -  A Q  
I  L A -   I-to 

I  MARINE CORPS 

1 ARMY  I 

(  NAVY 

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k ~ w ~ u s u  

-,-.... 
)( GENEAAUUNDER HONOlUsLe CONDITIONS 

-.--< - . - .  ---.+& -r 

UNDER OTHER THAN HONORABLE CONDITIONS 
I BAD CONDUCT lSpecLI courtma~rial on&) 
1  UNCHARACTERIZEO 
I 

I 

'r= SO::C~~.ELE 

 HANG^! TO ~SM~DIAUUNDER 
HONORABLE CONDrrlONS 
CHANGE TO UNCHARACTERIZED 
1  (Not applicebla for Alr Force} 
I  CHANGE NARRATIVE REASON FOR 
SEPARATION TO: 
I n  
I  . S  erC  wqe  ( 7 9 ~ )  

t 

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I 

6.  ISSUES:  WHY AN  UPGRADE OR  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue h ltem  14.  See lnsr~uctiohs on 

modit i ~ q t \ o n  O F   PC-  e ~ \ i ~ & r ? e n t  
LO& 

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Peoe 3.1 

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7o.i. COUNSEURWRESES 

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7: 

IX  H applicabe) AN  APPUCATION WAS PREVIOUSLY SUBMITTED ON IWWMMDDI  3 0 0 5 I 2 0 6 
AND THlS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES. JUSTIFICATION,  OR  EVIDENCE. 
SUPPORT OF THIS APPLICATION,  THE FOLLOWINa ATTACHED DOCUMENTS ARE SUBMllTED AS EVIDENCE: (Conrlnue In kern  17. 

If miit8w documents or medical records are relavanr  to your  casa  please send  cop1es.l 
A L ~ E R D Y  ~d F I L E  
~ D I ~ ~ ~ A ~ A c u ~ Y I E ~ ~ T S  

9.  TYPE OF REVIEW REQUESTED IX one) 

I CONDUCT A  RECORD REVIEW  OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY  ADDITIOEJAL OOCUMEN~ATION 
' SUBMPTTEQ BY ME  I AND/OR  /counrslrepns8nratlvel WILL NOT APPEAR BEFORE THE BOARD. 
t & 6 1 0 ~  (cw~s~?&.snturive] WlSH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE 
'WASHINGTON, DiC. METROPOLlTAN AREA. 
I AND/OR (coum~capracenfative) WlSH TO APPEAR  AT A  HEARIN0 AT NO EXPENSE TO THE 00VERNF.jENT BEFORE A TSAVUWG PANEL CLOSEST TO 
.- -- .*-. 

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Disrhamp Review  Board dgqs nos have a ~ m v o l l n n ~ ]  

.WAVY 

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-  ,-. - ,~(& dty and&a&I 

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I  '  /See ltem  10 o f  the lnsrructions about coundel/rcpres~sntetfve.) 

E  E-NWL 

d.  FAX NUMBER Ilnclude Area  Codd 

11.  APPLICANT MUST SIGN IN ITEM i3.a.  BELOW.% if  tho remrd In question is that of a deceased or bcompqtent person.  LEGAL PROOF OF 

DEATH OR JNCOMPETENCY MUST ACCOMPANY THE APPLICATION.  I f  the application b signed by other than the applicant, indlcate 
the name Ipdntl 
SPOUSE 

NEXT OF KIN  / LEGAL REPRESENTATWE 

and relationship by Marking d box below,, 

OTHER  ~specifil 

WIDOWER 

WIDOW 

1 lr- -TO-UCLU~URFL~~U-UII~I  hem rdrl- - - - - - - - - - - 

12.e.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 

l i 

CERTIFICAS1ON.  I make the foregoing statements.  as part of my claim, with full knowledqe of the 
penalties Involved for willfully maklng a false statement or claim.  (U.S. Code,  771e  18, Sectloqs 282 
- 
or both I 
. 

-'and  100 1, provide that an individual shall be fined under this title or imprisoned not more  than 5 years, 

a. , _S~LW%'IIuAE : REPSllftEP fA~1)G~antarllersmhUem 11 ab~;yeI 

b.  DATE SIGNED - REQUIRED 

(WYYMMDDI 

DD FORM 293,'AUG  2003 

I  PREVIOUS EDITIONS ARE OBSOLETE. 

d.  FAX NUMBER (Include Area  Codel 

I 

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CASE NUMBER 

(Do not  write In  this space.) 

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Page 1 of 4 Pages 

To All Revicwiny Authorilics. 

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-- --------- j, 

I  \voulcl  like b enlis~ in the A m p  Nnrionnl titlard. but hi~ve 
MY name is l---- 
becn mceting sumr resisliuvc. Pleac dlow 111c  lo lcll you uftl~c situation. About  7 years 
ago I 111;Lde a mistake whilc enlisted in the Air 1.c~rrcc .'She rnislakc was that 1 hd 
experimented with marijuana and failed the drug screening. I  was thco dischiugcd. 

No\\ ihrtr  some lime has passed I  h;rte tiwind myself longing for the can~straderie tha~ I 
hat! found while I  was in thc hir I:orcc,  I  ulst, hiwe plans to g o  to collcgc. but as Ihir~gs itrc 
I just can't go  to school and work both thcrc just aren't enough hours in the cia?. 

I  know that  what  1 did in the past \\as  wnmg and i r  wtis a mistiikc lhal 1  am no1 going to 
make again. I hope that this one incident will not be held against ntc mid that  1 am 
granted rhc honor and pritilegc o f  ssrving my ctruntry in whatever capacity 

1 n u ) .  

DEPARTMENT OF THE AIR FORCE 

HEAOOUAA~ERS 49TH FIGHER WING IACCI 
HOLLOMAN AIR FORCE BASE.  NEW MEXICO 

MEMORANDUM FOR ABI i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - :  

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

FROM:  49 SVSICC 

SUBJECT:  Letter of Notification 

1.  I am recommending your discharge from the United States Air Force for drug abuse.  The 
authority for this action is AFT  36-3208, Section H, 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 conditions 
(general) discharge. 

2.  My reasons for this action are as follows:  You did, at or near Holloman AFB, New Mexico, 
on divers occasions between on or about 16 February  1998 and on or about 19 March 1998, 
wrongfully use marijuana.  For your misconduct, you received nonjudicial punishment by 
Article 15, UCMJ on 8 June 1998.  (Atch) 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial jurisdiction or a 
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. 

3.  You have the right to consult counsel.  Military legal ...................... 
I have made an appointment for you to consult Captain; - - - -  
Counsel, Building 302, Holloman AFB, phone 3474, at 1 \@ hours on x ~ u n e  1998.  You 
may consult civilian counsel at your own expense. 

counsel has been obtained to assist you. 

I  Area Defense 

- - - - - - - - - - - - - - - ~  

4.  You have the right to submit statements in your own beh  f.  Any statements you want the 
separation authority to consider must reach me by 
extension for good cause shown.  I will forward your statements to the separation authority. 

d' unless you request and receive an 

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 Flight Medicine, 
Bldg 17, at  \ !  

June 1998 for the examination. 

hours on 

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 office of the Area Defense Counsel. 

8.  You must execute the attached receipt and return it to me immediately. This receipt does not 
admit or deny any of the allegations against you, nor does it mean that you agree with the 
discharge action.  It is simply an acknowledgment that you have received this Letter of 
Notification. 

L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l  

Commander 

Attachments: 
1.  Article 15, 8 June  1998 
2. AF ROI 98225D17-15829679