1 

(TYPE GEN 

YES 

) 

No 

I 
I 

I 

(LAST, FIRST MIDDLE INITIAL) 

PERSONAL APPEARANCE 

MEMBER SITTING 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  AFSNISSAN 

'  GRADE 
A l C  

I 

I x 
I 

I  RECORDREVIEW 

I 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

-m 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

ISSUES  A92.01 

1 

INDEX NUMBER 

A67.70 

HEARING  DATE 

CASE NUMBER 

X*+ 

X*+ 

X*+ 

EXHIBITS 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 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

1 
2 
3 
4 

1 

22 Aug 2006 
,APPLICANT'S ISSUE XUD THEB0.4RL)'S DECISIONAL  RATIONAL  ARI:  DISCUSSED ON THE ATTACHED AIR FORCE DlSCHhRGE KEVIEW BOARD DECISION,ZL KATlONLE 

FD-2006-00013 

I 

I 

I 

Case heard in Washington, D.C. 

1  Advise applicant of the decision of the Board, the right to a personal appearance withiwithout  counsel, and the right to 
submit an application to the AFBCMR 
1  Names and votes will be made available to the applicant at the applicant's  request. 

*Reason and Authority 
+Reenlistment  Code 

.-----------------------------------------.--.----------------------------------------------------------- 
I. 

IR~ORSEMENT 

DATE:  8/23/2006 

TO: 

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

1 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 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~2006-00013 

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 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, change of reason and authority for discharge, and change of 
reenlistment code are 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.  Although not explicitly stated, the applicant suggested that her misconduct was inequitable because 
it was too harsh and she was discharged for something she didn't do.  The records indicated the applicant 
received two Letters of Reprimand for misconduct.  The first Letter of Reprimand was for failing to go to her 
appointed place of duty at the time prescribed.  The second Letter of Reprimand and basis for discharge was 
for wrongfully using methamphetamines, "ecstasy",  cocaine and marijuana on divers occasions.  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. 

Issue 2.  Applicant states that her discharge did not take into account the good things she did while in the 
service. The DRB took note of the applicant's duty performance as documented by her performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

Issue 3.  The DRB was pleased to see that the applicant was doing well and pursuing a degree in paralegal 
studies.  However, no inequity or impropriety in her discharge was suggested or found in the course of the 
hearing.  The Board concluded the misconduct of the applicant appropriately characterized her term of 
service. 

Issue 4.  The applicant cited her desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB 
noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on 
June 19,2002) that she understood she must receive an Honorable discharge to receive future educational 
entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade. 

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 A1C)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Travis AFB, CA on 12 Sep 
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: 4 Jun 76.  Enlmt Age: 26 1/12.  Disch Age: 29 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-47,  E-39,  G-51, M-52. PAFSC: 33452 -  Liquid Fuel Systems 
Maintenance Journeyman. DAS: 16 Nov 02. 

b.  Prior Sv: (1) AFRes 18 May 02 -  3 Jun 02  (16 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as Amn 4 Jun 02 for 6 yrs. Svd: 03 Yrs 03 Mo 09 Das, all AMS. 

b.  Grade Status:  A1C -  19 Jul 02 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 19 JUL 05 -  Returning late from lunch. 

LOR, 14 JUL 05 - Wrongfully used illegal drugs on numerous 

occasions. 

f.  CM:  None. 

g.  Record of SV: 04 Jun 02 -  15 Jan 04  Travis AFB  5  (HAF Dir) 

16 Jan 04 -  20 Aug 04  Travis AFB  5  (CRO) 

h.  Awards &  Decs:  AFTR, NDSM, GWOTSM, AFOUA W/1 OLC. 

i.  Stmt of Sv:  TMS: (03) Yrs  (03) Mos  (25) Das 
TAMS: (03) Yrs  (03) Mos  (09) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 5 Jan 06. 

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

for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Response to LOR,  15 Jul 05. 
3 .  Notification Memorandum,  18 Aug  05. 
4. LOR,  14 Jul 05. 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(PYease mad instructions on P a p a  3 and 4 BEFORE compbtlng thh appViet1on.l 

F o m  w o w e d  
OMB No. 07044704 
ExpSres Aug  3 1,2006 

Th. pvblk rmponng bvkn lo, thh soUtzllm of  btfarmnmn b m&nstad to mrw  30 mhut.8  pr nspom.  holudlng th. U r n  tor revkvlng I ~ l ~ W ~ ~ c t l o n r ,  
gathmhp md m h m i n g  dm d m  d m d ,  m d  comp*ting  m d  nvi.nmg  th. coU.clbn of ntolm.lbn.  S n d  km-w 
of Informmtlon, ndudlng .ugg.&na 
the  natwithmd(n0 my odwt provwbn of law, na  r&on thN b. r\lb)rct m m y   m a w  k r  Maw  m 
a - 1  
BACK OF ,?HIS  Pi+. 

npvdlnp thk burdm m a t .  or m y  omu .cpst of thu solktbn 
for rmduchp tha bvdm, to tha hp.pummt of CWwue,  E a r u U w  S m u s  md Cornmunb.tlon  Diraalurdu 1070C0004). Mrpondno should b. awn- 
ly wim l collrtbn ot h f m n m h n  tf n doas nol dirpby  l o m ~ d  vdld  OMB 

rumbr.  PLEASE DO  NOT RFIWRN  Y&R  FORM TO THE NO&  O ~ Q A W I Z A T K ) N ~ ~  

COMPLETB)  FORM TO  THE  AP#K)#UATE A ~ R E S ~  ON 

wuchmp mxuthg data l o ~ c u ,  

- 

PRIVACY ACT STATEMENT 

- .  
- .  

AUTHORITY:  10 U.S.C.  1563: E.O.  9397. 
PRINCIPAL WFIWSE(6):  To apply for a change In the characterization or reason for mllitary discharge issued to an individual. 
ROUTINE USEIS):  None. 
DISCLOSURE:  Voluntarv: however,  failure to ~ r o v i d e  identifying Information may impede processing of this application.  The request for 
- ~- 
- ~- 
Social Security Number Ir strictly ti assure proper identificationof the individualBnd-appropriate records. 
Social Security Number Ir strictly ti assure proper identificationof  the individualBnd-appropriate records. 
1.  APPUCANT DATA  (The person whose discharge Is to be reviewed).  PLEASE PRINT OR TYPE INFORMATION. 
1.  APPUCANT DATA  (The person whose discharge Is to be reviewed).  PLEASE PRINT OR TYPE INFORMATION. 
m.  EiRJWCH OF  SERVICE IX O M )  \ 
~.E~RJWCHOFSERVICEIXOM) 
b.,  M
b.,  M
T b x *   OF DISCHARQE OR SEPARATION 1 4.  DISCHARGE CHARACTERIZATION RECEIVED (xonel 
T b x *   of DlSCHARQE OR SEPARATION 1 4.  DISCHARGE CHARACTERIZATION RECEIVED (xonel 

( MY ( 
) M y 1  
 Lwt~Fjczlczl bMdla &a80 - ,. -. -. . -. . . 
 Lwt~Fjczlczl bMdla &a80 - ,. -. -. . -. . . 

c.  aworJRIlrK AT DlSmARGE 
c.  a ~ o r J R I l r K  AT DlSmARGE 

1 MARW CORPS 
)MARWCORPS 

+ . S m C  85FYAITYNWP..  - ...  -. - 
+ . S m C  85FYAITYNWP..  -. . - . - 

1 COAST GUARD 

ALC 
ALC 

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NAW 

AIR FORCE 

€3 
€3 

Y  u 

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a
a

+ 

J 

IWWMMDDI /If dele Lt mom rhan  16 years 
IWWMMDDI /If dele Lt mom rhan  16 years 
ego, submit a DD Form  149) 

HONORABl 
' MONORABLE 

3.  UNIT AND LOCATI~N ,AT DISCHARGE 

OR IEPARA'IYON 

UNDER OTHER THAN HONORABLE CONDITIONS 
BAD CONDUCT ISpecbl murtmsniel o h )  
UNCHARACTU\IZEO 

IExpIaint 

5.  BOARD ACTION REQUESTED l ~ o n e l ~  
5.  BOARD ACTION REQUESTED IXonel 
~ W A N G E  TO HONORABLE 
w  ., 

C W E  TO  OENeRWJUNMA 
HONORABLE CONDITIONS 
CHANGE TO  UNCHARACtERlZED 
(Nor apdiceble for Alr  FiKcel 
CHANQE NARRATIVE REASON FOR 
SEPA+TION  TO: 
E x ? ~ r ~ . . a n  O ~ ~ e r v i ~  
 onti tide in Ire  14.  See imtrucrions on 

. 

)( 

counsel/r~esen~atlvel WISH TO A
TON.  D.C.  METROPOUTAN AREA. 

. , 
10.0. COUNSESND 

ADDRESS  I b;- i 

m

T  fee\  -&at 

6.  ISSUES:  WHY AN UPGRADE  A  CHANGE IS REQUESTED AND JUSTIFICATION FOR THE R E o ~ ~ s T  

9k ~ r a r s  PFB, e ~ c - \ a \ \ y  
* ~ h ~ d i d n :  h ~ a  

has Men a ~ e c ; o o s  dRgree6 (ne.9cl.it.J 
inva\\lin  h &*Ciu.t 
\ &cjlneenngSq. 

heen d . , S & ~ ~ e >  For  3me&in,Cj  = did&  & a  

7. (X ifapplicsblel AN APPLICATION WAS PREVIOUSLY SUBMITTED ON IYWYMMQO) 

AND THIS FORM IS  SUBMITIED  TO ADD ADDITIONAL 

ISSUES,  JUSTIFICATION,  OH EVIDENCE.' 

0 / 0 I / Oq 

I 

8.  IN SUPPORT OF THIS APPLICATION.  THE FOLLOWING ATTACHED OPCUMENTS ARE SUBMITTED AS EVIDENCE:  1Com1r)ue in item 17 

. 

. .  

. 

If military docukents or'niedicalrecwdr ire rekvant to your  fa&,  plwse rend copies.) 

. 

. 

. 

I 
%ea%&ed  Ldk~ 

9.  TYPE OF REVIEW REQUESTED IX onel 

CONDUCT A RECOAD REVIEW OF MY DISCHARGE BASED ON MY  MILITARY PERSONNEL FILE AND AMY  ADDITIONAL POCUMENTAT1ON 
SUBMl?TED BY  ME.  I ANWOR  IcounseUrearesenrerive/ WILL NOT APF€AR  BEFORE THE 
I AND/OR I 
WkYllNQl 
- -  
I AND/OR  fCoun~Yr~pre~~ntativel WISH TO APFFAR AT A HEARING AT NO DCPENSE TO THE WERNMENT BEFORE A TRAVELlNO PANEL CLOSEST TO 
(enter city end atafel 
/NOT#: Thd  Navy Oizchsrge Revmw Board does not  h v e  s traveling penel.1 

 AT A HEARING AT NO EXPENSE TO  THE GOVERNMENT BEFORE THE BOARD IN THE 

.  . . . .  -  -. 

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

I 
I 

11.  APPLICANT MUST SlOM IN ITEM 13.0.  BELOW.  If the record in qumsdian 1s  that of a &ceased  w inmmpotent penon, LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPLICATION.  If the application I. d m  by other than .rho appGunt,  indlcate 
the name /print) 
SPOUSE 

WIDOW  ) WIDOWER 

NEXT OF  KIN 

end rehtio~hip by marking a box below. 
LEGAL REPRESENTATIVE  ) OTHER  /~peci3/1 
r ~ ~ ~ c w u r

r c u . ~ ~ ~  
A- 

yodel 

r

12.8.  CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 
,.-  . -. 1-d 

wliticeilnn of ~ D Y C ~ P ~ ~  

in -dmr) 

5 -

------- ------ 
. 
13.  CERTIFICATION. 

I make the foregoing ststernants, M part  of my ddm, with tun knowled*  of tha 
ponelSer invoked for wiWfu,lly .making a false s-tatnment or claim- (U.S. Code,  Title 18, Sections 287 
and  1001, povld8 that an mdiv~dual shall be fined under this title or lmpnsoned not mom than 5 years, 
or both.) 
f i Q V b n & W ~ U ~ ~ ~ ; n ~ r - r i * r . ~ - - ~ c - -   7 1 above) 

b.  DATE SlNED - REQUIRED 

-P.. 

CASE NUMBER 

/Do not  writa jn  thk spsce,) 
FD z@o6-oa/3 

C.  E-MAIL 

d.  FAX NU- 

IlncIude Area  Code) 

I 

.-------- 
-a-*1-1----- 
, 
-------------------- 
#.  ' J i  NUMEERILrJdu dr-  r d ~ }  
---------. 

-- 

PREVIOUS EDITIONS ARE  ~ B S O L ~ E .  

Page 1 of 4 Pages 

L14. CONTINUATION OF ITEM  6. ISSUES (If appticabb?) 

Rnd  &m  for  M 
b a c k i n  nu? 

mf d

~

~

~
I md 

-sy 

16. CONTINU&~ION  OF ITEM 8, SUPWRllNQ D O C U M E N ~ ~ I ~  

eppllcablel 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

ARMY 

Army  Review Boards Agency 
Support Division, St.  Louis 
9700 Paga Avenue 
St.  Louis, MO  63132-5200 
[See hnp:llarba.army.penta~on.mil) 

AIR  FORCE 

Air Force Review Boards Agency 
SAFMRBR 
5 5 0 4  Street West, Suite 4 0  
Randolph AFB.  TX  78150-4742 

1 

N A W  AND MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Sweet,  S.E. 
Room 309 (NDRB) 
Washington Navy Yard, DC  203746023 

COAST GUARD 

U.S.  Coast Guard 
Commandant (G-WPM) 
2100 Second Street, S.W. Room 6500 
Washington, DC  20593 

I 

DD FORM 293. MAR 2004 

Page 2 of 4 Pages 

January 20,2006 

Subject: Correction of military record (DD214) 

To Whom It May Concern: 

I am writing this letter in regards to having my separation, discharge code and the 
narrative reason for separation.  I was separated on September 12,2005, since then 
I have been in college pursuing a degree in paralegal studies. I have been unable to 
obtain a decent job due to my separation code, reentry code, and the narrative 
reason for separation. I am 29 years old, and have a husband and son to take care 
of, so therefore I can't  afford proper counsel..  I am unable to seek any veteran 
benefits to help my family and myself since this serious misunderstanding and 
injustice.  Aad just recently I was sent a letter stating that I have to pay back half 
my bonus because my code is JKK, again I know of other people who didli3t have to. 
I served over three years of dedicated service in the United States Air Force; I have 
participated in several volunteer activities on and off Travis Air Force base. The 
only thing I was guilty of was choosing the wrong friends. I am going to enclose the 
letter of reprimand and the response to the letter of reprimand I wrote while still on 
active duty. 

I was tested on and off for a whole year and was always clean of any drugs, I 
allowed AF'OSI to take a hair sample from me, and that was clean as well. I had 
several witnesses that could have attested that the information that was given about 
me was false. My witnesses were never contacted.  Also, I know of some other active 
duty personnel that were drug into this investigation from the Logistics Readiness 
Squadron. Their commander did what I thought mine should have, they were 
allowed to stay and finish their term from lack of sufficient evidence. I was hoping I 
would have had a chance to go to court martial to prove my innocence but I was 
unable to that as well The prosecuting attorney knew they didn't  have a case 
against me.  I hope that you will be able to assist me in this matter, if you need any 
more information from me don't  hesitate to call or write. 

.  _.-r  _ 
Respectfull. 

.- 

-- 

.  . 

.  ..  . 

DEPARTMENT OF THE AIR FORCE 
60TH CIVIL ENGINEER SQUADRON (AMC) 

TRAVIS AFB, CALIFORNIA 94535 

FROM:  60 CESfCCQ 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct:  Dmg 
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) discharge. I am recommending that your service be characterized as an under 
honorable conditions (General) discharge. 

2.  My reasons for this action are:  On divers occasions since 1 Jan 03, you have wrongfully used 
methamphetamines, "ecstasy,"  cocaine, and marijuana, in violation of Article 1 12% UCMJ.  For 
this, you received a Letter of Reprimand (LOR), dated 14 Jul05 (Tab 1, Atch 1). 

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 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 any special pay, bonus, or education assistance funds may be 
subject to recoupment. The separation authority will make the findings and recommendations 
required under 10 U.S.C. Section 2005(g). 

3.  Other Derogatory Data:  Letter of Reprimand (LOR), dated 19 Jul05, for failing to go to your 
appointed place of duty at the time prescribed (Tab 1, Atch 2). 

4.  You have the right to consult counsel.  Military legal co!@gj-&-b-~~obtained  to assist you.  I 
have made an appointment for you to consult with the Capk.-. .-. .. .-. .. .-. .j  Area Defense 
Counsel, 4349 

ffer D 've, Nellis AFB, NV 89191, DSN 682-4034; Commercial:  (702) 652- 

hours.  You may consult civilian counsel at your own 

4034).  on  1 #hq & at  0 qbb 

expense. 

5.  You have the right to submit statements in 
separation authority to consider must reach 
receive an extension for goodcause shown.  I 

you want the 

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 Force Health 
Management (f  rmerl  Physical Exams),:-  --- ----- ----, :USAF Medical Center, at  1330 
hours on _ a ~  hJ&P for the examination. 

-------------- 

Any personal information you h i s h  in rebuttal is covered by the Privacy Act of 1974. A copy 
'AFI 36-3208 is available for your use at Unit Orderly Room. 

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

.---------------------------------------------. 
Squadron Section Commander 

Attachments: 
1. LOR, 14 Jul05 
2. LOR, 19 Jul05 
3,  OSI ROI