NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCIiARGE REVIEW BOARD HEARING RECORD 

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MEMBER SITTING 

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HON 

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VOTE OF THE BOARD 

GEN 

IJO I H; 

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* I  "OTHER 

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DPNY 

X 

X 

X 

LbbUES 

A94.05 

INDEX NUMBER 

A66.00 

HEARING  DATE 

CASE NUMBER 

ORDER APPOINTING 'I'HE BOARD 
APPLICATION  FOR m V I E W  Oi-  DISCHARGE 

1 
2 
3  1  LETTER OF NOTIFICATION 
1  BRIEF OF PERSONNEI, FILE 
4 

COUNSEL'S RELEASE TO I Ilk BOARD 
ADDITIONAL  P.XHIBITS SUBMITTED A'f 'I  IMP OF 
I'EIISONAL  APPEAMNCE 

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I  TAPE RECORDING  OF PERSONAI. APPEAMNCE HE 

19 Sep 2006 
.&PL~~;\NI"S ISSUE AND THE BOARD'S  DECISIOU41  RAllONAl  ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE FSVIEW BOARD DECISIONAL RATIONALP 

FD-2006-00043 

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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. 

1 0  

SAFlMRBR 
550 c s 1 Rk.k.'I  WbS 1 ,
 SUI 1  I-  40 
RANDOLPH AFB. TX 781 50-4742 

bELRETARY OC  I Hk, AIR  POHCF PERSONNEL COUNLIL 
AIR FORCE DISTIIARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-1002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00043 

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 would justify a change of discharge. 

ISSUE: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh and was based on one 
isolated incident after 47 months of service.  The records indicated the applicant received an Article 15 for 
misconduct.  The Article  15 was for wrongful use of marijuana.  He was punished with a reduction in grade 
to airman first class.  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.  The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 
September 30, 1994) that he understood he 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 SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Davis-Monthan AFB,  AZ  on 
20 Aug 98 UP  AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2 .   BACKGROUND: 

a. DOB: 18 Oct 74. Enlmt Age: 19 8/12.  Disch Age: 23 10/12. Educ: HS DIPL. 
AFQT: N/A.  A-50,  E-51,  G-53,  M-68. PAFSC: 2A652 -  Aerospace Ground Equipment 
Journeyman. DAS: 6 May 95. 

b.  Prior Sv:  (1) AFRes 11 Jul 94 -  12 Sep 94 (2 months 2 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 13 Sep 94 for 4 yrs. Svd: 03 Y r s   11 Mo 08 Das, all AMS 

b.  Grade Status:  A1C -  05 Aug 98 (Article 15, 5 Aug  9 8 )  

SrA -  13 Sep 97 
A1C -  13 Jan 96 
A m  -  Unknown 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 5 Aug 98, Davis-Monthan AFB, AZ -  Article 112a.  You, 
did, at or near Tucso~, Arizona, on or about 7 Jul 98, 
wrongfully use marijuana.  Reduction to A1C.  (No appeal) 
(No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of S V :   13 Sep 94 -  12  may^ 96  Davis-Monthan AFB  4  (Initial) 
13 May 96 -  12 May 97  Davis-Monthan AFB  3  (Annual) 

h.  Awards &  Decs :  AFAM, AFTR, NDSM, AFOUA, AFGCM, AFLSAR 

i.  Stmt of Sv:  TMS:  (04) Yrs  (01) Mos  (10) Das 
TAMS:  (03) Yrs  (11) Mos  ( 0 8 )   Das 

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

(Change Discharge to Honorable) 

Issue 1:  I wish to use my education benefits to go to school and further my 

education  to advance further in my career.  My discharge was  inequitable because 
it was based  on one isolated incident  in 47 months of  service with no other 
adverse action. 

ATCH 
None. 

P 

/?--my3 

DEPARTMENT OF THE AIR  FORCE 
366TH EQUIPMENT MAINTENANCE SQUDRON (ACC) 

DAVIS-MONTHAN AIR FORCE BASE, ARIZONA 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  
MEMORANDUMFORA~C; ...............---------.----------- 

,355EMS 

~ ~ A U O ~ U )

 

FROM:  355 EMSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for misconduct, 
specifically drug abuse.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.54.  If my recommendation is approved, yow service may be characterized a 
honorable or under honorable conditions (general).  I am recommending that your service be 
characterized as general. 

2.  My reason for this action is that on or about 7 July 98, at or near Tucson, AZ, you wrongfully 
used matj.juana.  As a result, you received an Micle 15. 

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 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 and will probably be denied enlistment in any component of the 
armed forces and any special pay, bonus, or education assistance funds may be subject to 
recoupment. 

4.  You have the right to consult counsel.  Military legal counsel, Capt: L.-..-..-. 
j building 35 10, 
3rd floor, west end, extension 5664, has been obtained to assist you.  An appointment has been 
scheduled for you to consult him on 
military counsel, you have the right to employ civilian counsel at your own expense. 

/Y Au448  at  / ~ S D  hours.  In addition to 

..-..-..-. 

5.  You have the right: to submit statements in 
separation authority to consider must reach me by 
extension for good cause shown.  I will send 

Any statements you want the 

you request: and receive an 

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 the Physical Exams 
Ofice of the Aerornedical Facility, Bldg 412, Rrn 3 at 
examination. 

/ ~ A Y C  gfor the 

////PO 

on 

Global Power  For  America 

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 ofice, bldg 35 10. 

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

C....................-..-..-..-..-..-..-..-.-' 

Commander 

Attachments: 
1.  Supporting Documents 

Record of Nonjudicial Punishment Proceedings, dated 12 Aug 98,3 pages 

2,  Airman's Receipt of Notification Memorandum