AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

1 

GEN 

PERSONAL APPEARANCE 

GRADE 

AB 

X 

AFSNISSAN 
.--------------- 

RECORD REVIEW 

b....-.-..-.-..' 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OHORGANIZATION OF COIJNSEI. 

c''XstS:lEL 

YES 

No 

X 

/  APPLICATION FOR REVIEW OF IIISCHARGE 

2 
- 
3  1  LETTER OF NO'I'IPICA1'ION 
I  4  1  BRIEF OF I ~ E K S O N N E L  FILE 

COIJNSEI.'S  RELEASE TO THE BOARD 
ADDITIONAL EXFIIIF~~T~UBMITTCD AT TIME OF 
PERSONAL APPEAMNCE 
I  TAPE KECORDlNG OF PERSONA].  APPEAKANCE HE 

1 

i 

I 

HEARING DATE 

1  28 Sep 2006 

CASE NUMBER 

FD-2006-00070 

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~ L I C A ~ ~ W ~  

AND THE ~ ~ A ~ ~ ' s ' W E C 1 S l Q r J P i t  M h O N A L  ARE DISCUS$BO  ON TI% ATTfCHED  ALE. PDaCG DlSCHhRGE RBVltlW B O A R ~ ! X C ~ S ~ O N A L  R A T I O ~ U  

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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 

1  Names and votes will be made available to the applicant at the applicant's  request. 

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

SECRETARY OF THE AIR FORCE PERSONNEI,  COUNCIL 
AIH FORCE DlSCllARGE REVIEW HOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AF8, MD 20762.7002 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

1 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD~2006~00070 

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 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: 

Issue 1.  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 case on which to base an upgrade of discharge.  The records indicated the applicant received 
an Article 15 and a General Court Martial.  He received an Article 15 for being derelict in the performance 
of his duties, underage drinking and bringing a female into Building 1 12 which resulted reduction of grade to 
airman with seven days of extra duty.  The applicant also appeared before a General Court Martial in which 
he pled guilty to wrongful use of Ecstasy and making a false official statement to a Special Agent.  He was 
sentenced on January 20,2005 and confined for four months, forfeited pay and reduced in grade to airman 
basic.  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 
March 20,2002) 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 AB)  (HGH  AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Hurlburt Field, FL on 11 
May 05 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 5 Jan 83.  Enlmt Age: 18 8/12.  Disch Age: 22 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-69,  E-64,  G-62,  M-46. PAFSC: JlC231 -  Combat Control 
Parachutist. DAS: 6 Oct 03. 

b.  Prior Sv: (1) AFRes 18 Sep 01 -  4 Mar 02  ( 5   months 17 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 5 Mar 02 for 4 yrs. Svd: 03 Yrs 02 Mo 07 Das, of which 

AMS is 02 yrs 11 months 01 day  (excludes 3 months 6 days lost time). 

b,  Grade Status:  AB -  20 Jan 05  ( G C M O # ~ ~ ,  15 Mar 05) 

Amn -  31 Mar 03  (Article 15, 31 Mar 03) 
A1C -  19 Apr 02 

c .  Time Lost :  20 Jan 05 thru 26 Apr 05  (3 months 6 days) . 

d.  Art 15's:  (1) 31 Mar 03, Lackland AFB, TX -  Article 92.  You, who 

knew of your duties, on or about 22 Feb 03, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from consuming alcohol under 
the legal age of 21, as it was your duty to do.  You, 
who knew of your duties, on or about 7 Feb 03, were 
derelict in the performance of those duties in that you 
willfully failed to refrain from bringing a female into 
Building 112, as it was your duty to do.  Reduction to 
A m ,  and 7 days extra duty.  (~ppeal/~enied) (No 
mitigation) 

e.  Additional: None. 

f.  CM:  General Court Martial Order No.11 -  15 Mar 05 

CHARGE I:  Article 112a.  Plea: Guilty.  Finding: Guilty. 

Specification:  Did, within the State of Florida, on or about 18 
Apr 04, wrongfully use 3, 4-methylenedioxymethamphetamine 
(Ecstasy), a Schedule I controlled substance.  Plea: Guilty. 
Finding: Guilty. 

CHARGE 11:  Article 107.  Plea: Guilty.  Finding: Guilty. 

. - - - - - - - - - , 

Specification:  Did, within the State of Florida, on or about 19 
,?~-r-Q4,--with intent to deceive, make to Special Agent; ---------: 
---------------- 
: a n  official statement, to wit: "I have never used drugs 
while on active duty in the Air Force," or words  to that effect, 
which statement was totally false, and was then known by the said 
Airman : 
: t o  be so false.  Plea: Guilty.  Finding: 
Guilty.  Sentence adjudged on 20 Jan 05:  Confinement for 4 
months, forfeiture of all pay and allowances, and reduction to the 
grade of AB. 

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

b..-..-..-..-..-..-..-..-..-- 

g.  Record of SV: None. 

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

i.  Stmt of Sv:  TMS:  (03) Yrs  (04) Mos  (19) Das 
TAMS: (02) Yrs  (11) Mos  (01) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 7 Feb 06. 

(Change Discharge to Honorable) 

Issue 1:  I am trying to better my life by going to school but I am having 

financial troubles.  If I were to have a completly (sic) honorable discharge 
then I would be entitled to my MGIB Benifets (sic) which would help me to 
achieve my goals. 

ATCH 
1. DD Form 214. 
2. AF Form 100. 
3. College Transcript. 

DEPARTMENT OF THE AIR FORCE 

I6TH SPECIAL OPERATIONS WING (AFSOC) 

HURLBURT FIELD FLORIDA 

MEMORANDUM FOR AB : .--------------------------------------------- 
FROM:  720 OSSICC 

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

3 A/ry  oJ 

SUBJECT:  Notification Memorandum 

1, I am recommending your discharge from the United States Air Force for misconduct, more 
specifically, for drug abuse.  The authority far this action is AFPD 36-32 and AFI 36-3208, 
chapter 5, section H, paragraph 5.54.  If my recommendation for discharge is approved, your 
service will be characterized as honorable or general.  I am recommending your service be 
characterized as general. 

2.  My reason for this action is based on the following: 

You did, within the state of Florida, on or about 18 April 2004, wrongfully use 3,4- 

methylenedioxymethamphetarnine (Ecstasy), a schedule I controlled substance.  Additionally, on 
19 April 2004, with an intent to deceive, you made an official statement, to wit:  " I have never 
used drugs while on active duty in the Air Force," or words to that effect, which statement was 
totally false, 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Courts-Martial jurisdiction or 
a higher authority will decide whether you will be discharged or retained in the Air Force.  If you 
are discharged, you will be ineligible for reenlistment in the Air Force. 

4. You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment ..-..- 
for you -.- to consult your counsel at DSN 722-5345 on 3 May 05 at 
1000 hours, speak to TSgti ---------- 
5. You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

6. Hyou fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You are scheduled for a medical examination and you should report to the Hurlburt Clinic, 
Flight Medicine at 1400 hrs on 3 May 05 for the examination with Dr.: b-..-..' 

------- 

Any ~ i m e  

.., ~n~  ~ l d c e  

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 unit orderly roam. 

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

Commander 

Attachments: 

1.  General Court Martial Order No.  1 1, dtd 15 Mar 05 (2 pp) 
2.  Copy of Notification Memorandum w/atchs 
3.  Airman's receipt of notification memorandum 

Any Time ... Any Place