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1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
, - - - - - - - - - - - - - - - - - - - - - -  
....................... 
TYPE  GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

YES 

No 
X 

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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

AB 

1  AFSNISSAN 
-.-..-..-....- 

L..-.-..-..-.: 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

HON 

I 

VOTE OF THE BOARD 

GEN 

I  UOTHC 

I  OTHER 

I 

DENY 

X 

X 

EXHIBa#+SWLmTED  T H E  BOARD 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
1  3 
4 

1  LETTER OF NOTIFICATION 

BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 

1  PERSONAL APPEARANCE 
/  TAPE RECORDING OF PERSONAL APPEARANCE HE 

J 

ISSUES 

A94.53 

INDEX NUMBER 

A66.00 

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HEARING  DATE 

CASE NUMBER 

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21 Nov 2006 
APPLlCANTS ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON 7HE A'ITACHED AIR FORCE DISCHAROE RGVIPW BOARD DECISIONAL RATIONALE 

FD-2006-00107 

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1 I  Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance witwwithout 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. 

-- 
1 u: 

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

r /  

I~DORSEMENT 

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. .. ",... 

cn,,w 

DATE:  12/32/2006 

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 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00107 

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: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  He stated this single action in his life is regrettable.  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 two Letters of Reprimand for misconduct.  The applicant 
was administratively disciplined with two Letters of Reprimand for failure to obey an order and public 
intoxication.  He received an Article  15 for wrongfully using and distributing a Schedule I11 controlled 
substance, Hydrocodone.  He was reduced in grade to Airman Basic and required to perform  15 days of extra 
duty.  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 SRA) 

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

2.  BACKGROUND: 

a. DOB: 16 Dec 80.  Enlmt Age: 21 6/12.  Disch Age: 24 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-56,  E-50,  G-59,  M-48. PAFSC: 2A551L - Aerospace Maintenance 
Journeyman. DAS: 19 Feb 03. 

b.  Prior Sv: (1) AFRes 24 Jun 02 -  21 Oct 02  (3 months 28 days) (Inactive). 

'3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 22 Oct 02 for 6 yrs. Svd: 02 Yrs 09 Mo 10 Das, all AMS. 

b.  Grade Status:  AB -  18 Jul 05  (Article 15, 18 Jul 05) 

SrA -  6 Apr 05 
A1C -  6 Dec 02 

c.  Time Lost:  None. 

d.  Art 15,s:  (1) 18 Jul 05, Tinker AFB, OK -  Article 112a.  You, did, 

within the Continental United States, on divers 
occasions between on or about 1 Dec 04 and on or about 
16 Jun 05, wrongfully use Hydrocodone, a Schedule I11 
controlled substance.  You, did, within the Continental 
United States, on divers occasions between on or about 1 
Dec 04 and on or about 1 Mar 05, wrongfully distribute 
Hydrocodone, a Schedule I11 controlled substance. 
Reduction to AB, and 15 days extra duty.  (No appeal) (No 
mitigation) 

e.  Additional: LOR, 18 FEB 03 -  Failure to obey order or regulation. 

LOR, 08 MAR 04 -  Public intoxication and involvement in a 

disturbance. 

f.  CM:  None. 

g.  Record of SV: 22 Oct 02 -  22 Jun 04  Tinker AFB  4  (Initial) 

23 Jun 04 -  22 Jun 05  Tinker AFB  5  (Annual) 

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

i.  Stmt of Sv:  TMS: (03) Yrs  (01.) Mos  (18) Das 

TAMS: (02) Yrs  (09) MOS  (10) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 03 Mar 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

March 1,2006 

United States Air Force 

Re: : 

. - - - - - - - - - - - - - - r - - - - - - - - .  

To Whom I t  May Concern: 

Attached you will find application bb Form 293 r e q w i n g  change of  my discharge summary 
from general/under honorable conditions to Honorable. 

I n  the six, months that have followed my discharge from the Air Force I can honestly tell 
you that this si*le  action in my life is the most regrettable. If I had it in my power I would 
start o m  in the military and finish my six years (or -).in 
as possible while I was there and leave honorably. 

the USAF and leurn as much 

While I was in the military for almost 3 y w s ,  I did learn what my life's professional 
passion was and that is working on aircraft.  I so regret not learning more as a Crew Chief 
and taking the experience with me in the civilian world. 

I am presently enrolled and just finished my first block of  education at Westwood Aviation 
Academy in Howton, Texas.  This is a 16 month course and I om going full time while looking 
for a part time job. My current grade average is an A.  When I finish I will haw my A&P 
license. I havc not been in any trouble of  any kind and am doing wy well and being the 
responsible person I knew I always should be. 

I am requesting that you please take these things into consideration and allow my dikharge 
to be changed t o  Honorable. Although I did make a mistake, I don't want it to take away 
from all the hard work and accomplishments I made while in the Air Force and for the rest 
of my life. Please g i x  the above information consideration when rendering your decision. 

I am Sincerely, 

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

...................................... 

N 

DEPARTMENT OF THE AIR FORCE 

552d MAINTENANCE GROUP (ACC) 

TINKER AIR FORCE BASE OKLAHOMA 

f ~ a a 3 s - W  0'7 

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MEMOMNDUM FOR AB L . . . -. . . . -. -. . -. -. . . . -. -. . -. -. . . . -. . . . mi 
FROM:  552 AMXS/CC 

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.  On or about 16 Feb 03, you absented yourself from your assigned place of duty.  You also 
failed to follow established procedures for out-processing your squadron. Your actions resulted 
in a delay of your move to your new duty assignment. This is documented in a Letter of 
Reprimand (LOR) dated 18 Feb 03.  See Attachment 1. 

b.  On or about 29 Feb 04, you were arrested by Midwest City Police for "public intoxication 
after being involved in a disturbance". This is documented in a LOR dated 8 Mar 04.  See 
Attachment 2: 

c.  Between on or about 1 Dec 04 and on or about 16 Jun 05, you did, on divers occasions, 
wrongfully use Hydrocodone, a Schedule 111 controlled substance. Between on or about  1 Dec 
04 and on or about 1 Mar 05, you did, on divers occasions, wrongfblly distribute Hydrocodone, 
a Schedule 111 controlled substance. You were,given an Article 15 with a reduction to the grade 
of Airman Basic, with a new date of rank of 18 Jul05. You were also given  15 days extra duty. 
See Attachment 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 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 hnds may be subject to recoupment. The separation authority will fnake the findings 
and recommendations required under 10 U.S.C. Section 2005(g). 

3.  You have the right to consult counsel.  Military l e g @ . - ~ u ~ ~ l - h - ~ - & n  
obtained to assist you.  I 
have made an appointment for you to consult Captain\-. .. .-.-. .. .-. .. .- jat  Building One, on 25 Jul 
2005, at 0830 hours.  You may consult civilian counsel at your own expense. 

4.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by 27 Jul2005 unless you request and receive an 

extension for good cause shown.  I will send them to the separation authority. 

5.  If you fail to consult counsel or to su'bmit 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 Family Practice, 
Tinker AFB Hospital on 26 Jul2005, at 1045 hours for the examination. 

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 at Orderly Room. 

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

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