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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR  FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

T Y P E   GEN  I X   I 
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i NAME dF 

YES 

No 

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PERSONAL APPEARANCE 

AND 

O R G A N I U T I O N  

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RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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MEMBER SITTING 

HON 

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VOTE OF THE BOARD 

GEN 

UOTHC 

I  OTHER 

I  DENY 

ISSUES 

A93.23 

I  INDEX NUMBER 

A66.00 

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1  2 

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EXHIBITS SUBMITTED TO THE BOARD 

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ORDER APPOINTING THE BOARD 

APPLI(.ATlON  FOR  REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 

COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL  EXHIBITS  SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING  OF PERSONAL  APPEARANCE  HE 

( 

1  HEARING D*TE 
1  07 Nov 2006 

1  CASENUMBER 
I  FD-2006-00169 

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APPLJCAWS ISSUE AND THE BOARD'S DECISIORAL RATIONAL ARE DISCUSSED ON W E  AlTACWED AIR  FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board 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. 

. ". 

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

SECRE14RI  OF IIIE41R FORCE PERSOhhEI. COI 4CII. 
AIR  FORCE DISCIIAR(;E  REVIEU BOARD 
1535 COMMAND DR, EE WING,IRD FLOOR 
ANDREWS AFB, M D  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-2006-00169 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on 07 Nov 2006. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: Applicant's  statement 
Exhibit #6: 2 Drug Tests completed on 8 Apr 05 and 11 Jul06 
Exhibit #7: 5 Character Reference Letters 
Exhibit #8: EPR dated 15 Jul03 
Exhibit #9: 3 College Transcripts 

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 based on the difficulties in 
his life that led to his misconduct (i.e., Adjustment Disorder with Depressed Mood, work 
stressors/supervisor discrimination, marriage difficulties, and financial problems).  The records indicated the 
applicant received an Article 15 for wrongfully using marijuana on divers occasions between o/a 23 Mar 04 
and o/a 1 Jun 04, two Letters of Reprimand for failing to attend two separate M-16 trainings, and two Letters 
of Counseling for failing to maintain his Consolidated Tool Kit and failing to bring his PT gear to work, as 
ordered.  The Board concluded that although the LORs and LOCs were for relatively minor misconduct, the 
use of marijuana was a significant departure from conduct expected of all military members.  As such, 
although the member may have been experiencing a lot of stressors in his life at the time, the DRB opined 
that drug abuse cannot be tolerated under any circumstances and the previous characterization of the 
discharge (General) received by the applicant was found to be appropriate. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did for the OSI while 
in the service. The DRB took note of the applicant's work with the OSI as an informant, however, they found 
the seriousness of the willful misconduct and the divers use of marijuana (documented by the levels of THC 
in his system found in both tests) 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 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) 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 

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

i 

(Former AB) (HGH A1C) (REHEARING) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Elmendorf 
AFB,  AK  on 27 Aug  04. UP AFI 36-3208, para 5.54(Misconduct - Drug 
Abuse)  Appeals  for Honorable Discharge. 

2.  OTHER FACTS: 

a.  See attached cy of Examiner's  Brief dtd 20 Jul 05. 

b.  The AFDRB  reviewed case on 04 Jan 06  (non-appearance w/o 
counsel) &  concluded applicant's  discharge should not be changed. 

3.  BASIS ADVANCED FOR REHEARING:  Appl  (DD Fm  293) dtd 19 Apr 
06.(Change Discharge to Honorable) 

Issues:  I feel my discharge was discriminatory due to the 
treatment I received  from a TSgt.  He did not like me,  so he made 
things difficult  for me.  I never had any reprimands until he 
arrived at my squadron.  Due to a mental breakdown along with an 
unhappy marriage and financial burden, I made a bad assessment 
and wrongfully used marijuana.  I tried to make an amends for my 
mistake by working with OSI as an informant.  I went as far as 
taking a polygraph and by their profiling  they considered me 
creditable.  My main reason for wanting an upgrade is because I 
want  to reap the benefits of the MGI Bill to help pay for the 
school that I am currently enrolled in. 

Atch 
1. Three Character References. 
2.  Record of Life Skills. 
3.  Address Change Notification. 

Fa- 

& 167 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AlC) 

MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Elmendorf AFB, AK on 27 Aug 
04 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 27 Apr 82.  Enlmt Age: 19 5/12.  Disch Age: 22 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-61,  E-70,  G-68,  M-65. PAFSC: 2A753 - Aircraft Structural 
Maintenance Journeyman. DAS: 25 Jul 02. 

b.  Prior Sv:  (1) AFRes 28 Sep 01 -  07 Jan 02 (03 months 11 

days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 8 Jan 02 for 6 yrs. Svd: 2 Yrs 7 Mo 20 Das, all AMS. 

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

A1C -  22 Feb 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 15 Jul 04, Elmendorf AFB, AK -  Article 112a.  You, did, 
on divers occasions between on or about 23 Mar 04 and on 
or about 1 Jun 04, wrongfully use marijuana.  Reduction 
to AB, 45 days extra duty, and a reprimand. (No appeal) 
(No mitigation) 

e.  Additional: (Examiner's Note:  The following infractions are missing 

from the file and were taken from the Notification Memorandum) 

LOR/UIF, 12 MAY 04 -  Failure to attend M-16 training. 
LOCI 21 APR 04 -  Failure to bring personal training gear to 

LOR, 08 MAR 04 -  Failed to attend M-16 training. 
LOCI 09 JUL 03 -  Dereliction of duty. 

work as ordered. 

f.  CM:  None. 

g.  Record of SV:  (Examiner's Note:  The following performance report is 
missing from file and has been taken from the Recommendation for 
Discharge. ) 

08 Jan 02 -  5 Jul 03  Elmendorf AFB  5  (Initial) 

h.  Awards &  Decs:  NDSM, AFOUA, AFOSLTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (11) Mos  (01) Das 
TAMS: (02) Yrs  (07) Mos  (20) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 15 Apr 05. 

(Change Discharge to Honorable) 

Issue 1:  Was having marital and finance issues at time of discharge.  Also, 

would like to go to school on MGI Bill, but only can do with Honorable 
discharge. 

ATCH 
None. 

. FROM: 3 EMSICC . 
s I k 3 ~ .  Notification Memorandum 

1.  I am recommmding your discharge h m  the United Statas Air Force for drug abuse, 
specifically, rnari&ma.  The authority for this action is AFPD 36-32 and AFI 36-3208, 
paragraph 5.54. If my recommendation is approved, yout service will be ohmwterized as 
honorable or general.  I am recommending your service be c b * e d  

as gmeral 

. 

2.  My reasoha for this action is:  Between 23 Mar 04 and 1 Jun 04, you wrongfully used 
marijuirm  Following a random drug test on 23 Apr 04, yoli tested positive for 
'Tetrahydrocannabinol (THC), with a level of 50 ng/ml. The DoD cutoff for a positive drug test 
i s  15 ng/ml.  Also, on 1 Jun 04, you v o l h t d y  consented to submit a we  sample.  The sample 
tested positive for .THC, with a level of 49 wml. For ybur illegal drug use, you received Article 
15 punishment,  dated 15 Jul04, ooaaistiq of a reduction to the tapk of aiman basic, 45 dm 
extra duty, and a reprimand.  This Article 15 waa filed in your Unfavorable Information File 
.lyIF) (Attachment la& 7). 

. 

' 

. 

3.  Though not wed as a basis for this discharge action, the foiIowiaE: will be forwaided to the 
separation authority for review in consideration of your service characterization: 

. 
a.  On 30 Jun 03, you failed to ensure the Consolidatkd Tool Kit (CTK) had all tools 

accounted for.  On 8 Jul03, you failed to return the CTK to the main building and f@ed to 
ensure the CTK had a l l  tools mounted for;  For your misconduct you received a Letter of 
Counseling (LOC), dated 9 Jut 03 (Attachment 2). 

. 

b:  Oa 4 Mar 04, you failed k attend M-16 weapons training.  For your misconduct you 

received a Letter of Reprimand (LOR), dated 8 Mar 04 (Attachment 3). 

, 

, 

c.  On 21 Apr 04, you failed to bring your per~onal training 0 gear to work as ordered for 
squadron PT.  You had to leave your duty section early to retrieve your PT gear h r n  home.  By 
lkavhig early, you caused a strain on the section and your co-workers.  For your misconduct you 
received an LOC, dated 21 Apr 04 (Attachment 4). 

d.  On 12 May 04, you failed to attend M-16 weapons training. 'For your repeated misconduct 

you received an LOR, dated 12 May 04.  This LOR established your UIF (Attachment 5 & 7). 

a Onl~ub~,you.~coadviwdbyLtC41i 

.~............~.~.~., 
------------------- 5 

3 EMS/CC, of your'non-  . 

fec~m&on  for promotion to ths grade of renior h e n ,  due to serving on a wntml roster 
and the establishment of a UIF (~ttachment 6). 

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-  4. ' cbpies of the clmume~ts to be fa&arded  to the separation tUhority. in support of this 
.recommendation am attached.  The commander exercising SPCM jlirisdiction or a higher 
authority will debide whether you are 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 thi Air Forcq and my special pay, bonus, or education lsbistance hds  may 
be subject to mupment. 

5.  You have the right to consult legal counsel.  Military legal 
you  I have made an appointment for ydu to consult Cap[ -- -- -- -- --, 
Room 330 on  3 a ~ A  
w=e* 

counsel has been obtained to assist 
: 552-3887, at Bldg 10480, 
.  . You may consult civilian counsel at your own 

0 4 at  1 

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

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 three duty days after the date of this letter 
unlcss you request and receive an extension for good cause showa  I will fornard any statements 
you provide to the separation authority. 

. 

. 

7.  If you fail to consult c y ~ ~ s e l  
constitute a waiver of your right to do so. 

or to submit statements in your own behalf, your failure will 

.  . 

, 

. 

8.  You hovk been scheduled for medical examinations. You must report, with your medical 
mxrds, to the 3rd Amspace Medicine Squadron, Bldg 5595, at  0936 
for your .first exam, at.which time you d l  be notified of the time for your second exam. 
dith you tbc M d c a l  Assessmed LC&T @D Form 2697).  You arc to refrain ~ I P  
alcohol.for 
72 hours, and refkinfrom the use of tobacco prdducts for 6 hours, prior to examination; Bring 
eyeglasses (a@  contact solution if using contacts) if applicable,  You must be in uniform for 
these examinations. 

.  9.  You have been scheduled for a ~rakition ~ssistance Program briefing.' You must rsport to 
,&o  Family Support Center at  4h? 0 4  
. You have also be& scheduled 
for a TMO ~ousehold Goods Shipment preprocessing briefing.  You must report to Bldg 85.17 
. You must be in d o &  for 
(People Center), ~ o o m  247 at  3 
all appointmepts. 

on ,  fboO 

on 

of 

6 

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, 

lo. Any pkrsonal infomation you firmi& in rebuttal is covered by the Privacy Act of 1974.  A 
copy of MI 36i3208 is available for your we at your Squadron Orddly Room.' 

-------------------------------------------------*---. 

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L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - - - - - - - - - .  

Commander 

Attachments: 
1.  AFForm3070,15 Jul04 
2;  LOC, 9 Jul03 
3. LOR, 8Mar 04 
4.  LOC, 21 Apr 04 
5. 'LOP, 12 May 04 
6. Nonlrecammendation for promotion, 1 Jun 04 
7,  APForm 1137 

.  .