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AIR FORCE DISCIiARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE INITIAL) 

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PERSONAL APPEARANCE 

C'UNGEL 

NAME OF COONSkI,  AND OR ORGANIZATION 

YES 

No 
X 

MEMBER SITTING 

GRADE 

SRA 

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RECORD REVIEW 

X 
ADllHEbb AND OR ORGANIZATION  OF COIINSEI. 

INDEX  NUMHEH 

A66.00 

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EXHIBITS $ @ B M ~ E D  TO TAE BOARD 

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1  1  I  ORDER APPOMTMG THE BOARD 
2  1  APPI.ICA'I'ION  FOR UVIEW OF DISCHARGE 
3  1  L.F..I"I'ER OF NOTIFICATION 
4 
UKlElj OF PERSONNEL FILE 
COUNSEL'S RELEASE TO  I l It HOAR11 
AOIII I  IONAL EXHlBlTS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

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TAPE RECORDMG OF PERSONAI. API'I-.AKANCE  HE 

(  22 Sep 2006 

C A S t  NUMBER 

(  FD-2006-00050 

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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. 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY  OF THE AIR FORCE PERSONNEL COIINCII. 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDPEWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2  

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

b 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

CASE NUMBER 

FD-2006-00050 

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 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 applicant submitted no issues and requested that the review be completed based on the available service 
record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this casc 
on which to base an upgrade of discharge.  The records indicated the applicant received two Article  15's and 
a Record of Individual Counseling for misconduct.  The Record of Individual Counseling was for failure to 
follow checklist procedures.  The first Article  15 was for wrongful use of marijuana.  He was punished with 
a reduction in grade to airman basic, forfeiture of pay and 14 days of extra duty.  The second Article  15 was 
for wrongful use of marijuana.  This incident resulted in forfeiture of pay and  14 days of extra duty.  Thc 
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 SRA) 

1.  MATTER TJNDER REVIEW:  Appl recld a GEN Disch fr USAF Eglin AFB, FL on 4 Feb 
05 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Oct 81. Enlmt Age: 17 10/12.  Disch Age: 23 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-50,  G-55,  M-56. PAFSC: 2F051 -  Fuels Journeyman. 
DAS: 30 Apr 00. 

b.  Prior Sv: (1) AFRes 18 Oct 99 -  4 Jan 00  (2 months 17 days)(lnactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 5  Jan 00 for 6 yrs. Svd: 05 Yrs 01 Mo 00 DaS, all AMS. 

b.  Grade Status:  AB -  9 Aug 04  (Article 15, 9 Aug 04) 

SrA -  18 Jun 02 
A1C -  18 Feb 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 01 Dec 04, Eglin AFB, FL -  Article 112a.  You did, 
within the continental United States, between on or 
about 1 Jun 04 and on or about 22 Jul 04, wrongfully use 
marijuana.  You, did, within the continental united 
States, on or about 22 Jul 04, wrongfully possess 
marijuana.  Forfeiture of $500.00 pay and 21 days extra 
duty. (No appeal)  (No mitigation) 

(2) 09 Aug 04, Eglin AFB, FL -  Article 112a.  You did, 

within the continental United States, on divers 
occasions between on or about 1 Jan 04 and on or about 
21 Apr 04, wrongfully use marijuana.  Reduction to AB, 
forfeiture of $350.00 pay per month for 2 months, and 14 
days extra duty. (No appeal) (No mitigation) 

e.  Additional: RIC, 19 FEB 04 -  Failed to follow checklist procedures. 

f.  CM:  None. 

g.  Record of SV: 5 Jan 00 -  4 Sep 01  Eglin AFB  3  (Initial) 
5 Sep 01 -  4 Sep 02  Eglin AFB  4  (Annual) 
5 Sep 02 -  4 Sep 03  Eglin AFB  5  (Annual) 

5  Sep  03 -  4 Sep 04  Eglin AFB  1  (Annua1)REF 

h.  Awards  &  Decs:  AFAM, AFTR, NDSM, AFLSA. 

i.  Stmt of Sv:  TMS:  (05) Yrs  (03) Mos  (17) Das 
TAMS:  (05) Yrs  (01) Mos  (00) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Jan 06. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
1. DD Form 214. 

DEPARTMENT OF THE AIR FORCE 
96TH LOGISTICS READINESS SQUADRON (AFMC) 

EGLlN AFB. FLORIDA 32542 

MEMORANDUM FOR ABL .................................................. 
FROM:  96 LRSICCC 

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3 3m 05 

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 an 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: 

a.  You did, within the continental United States, between on or about 1 June 2004 and on 

or about 22 July 2004, wrongfully use marijuana. 

You did, within the continental United States, on or about 22 July 2004, wrongfully possess 

marijuana.  For these offenses you received nonjudicial punishment, dated 1 December 2004. 

b.  You did, within the continental United States, on divers occasions between on or about 

1 January 2004 and on or about 2 1 April 2004, wrongfully use marijuana. For this offense you 
received nonjudicial punishment, dated 9 August 2004. 

3.  Although I am recommending that you receive a general discharge for drug abuse, I am also 
forwarding the following information to the separation authority%r consideration when 
determining your service oharacterization. 

On or about 18 February 2004, you failed to adhere to the Local Checklist 7-4 (Hydrant 
Receipt Operation fiom Westside Storage).  For this offense you received a record of 
individual counseling, dated 19 February 2004 

4.  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. 

5.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  1 
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have made an appointment for you to consult Captain ; ------------------_ :at 904 N. 2nd Street, on 
3 Jan 05, at 1330 hours.  You may consult civilian counsel at your own expense. 

6.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 duty days unless you request and receive 
an extension for good cause shown.  I will send them to the separation authority. 

7.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constituta a waiver of your right to do so. 

8.  You have been scheduled for an appointment with the 96th Mission Support Squadron 
Separations Section on 6 Jan 05, at 1300 hours. 

9.  After your briefing, you are to report to the 96th Traffic Management Office with on authorized 
letter from separations to schedule your TMO pickup. 

10. You are required to receive a briefing fiom the Family Support Center prior to your separation. 
You have been scheduled to receive your Transition Assistance Management Program (TAMP) 
briefing on 4 Jan 05, at 1200 hours. 

1 1.  You have been scheduled for a medical examination,  You must report to 96 MDG Force 
Health Management, 307 Boatner Rd. on 7 Jan 05, at 0715 hours for the examination, 

12.  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 96 LRS/CCQ. 

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

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Section Commander 

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