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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE  GEN 
CQuNSEL 

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I  NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

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GRADE 

I  AB 

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RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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MEMBER SITTING 

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VOTE O F  THE BOARD 
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GEN 

I  UOTHC 

I  OTHERT 

D L N Y  

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ISSUES 

A94.53 

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INDEX NUMBER 

A66.00 

HEARING DATE 

CASE NUMBER 

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EXHlBlTS SUBMITTED TO THE BOARD 

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1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE  TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE HE 

I 

01 Dec 2006 
APPLKANT'S  ISSUE AND THE BOARD'S D E C I S Y O W R A ~ O N A L  AREDISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00180 

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1  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. 

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

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 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00180 

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.  Applicant admits he made a mistake while in the Air Force.  The records indicated the applicant had 
a Special Court Martial in which he was found guilty of using cocaine on divers occasions.  He was 
sentenced by a military judge  and was punished with a reduction in grade to Airman Basic, forfeited pay for 
six months and was placed in military confinement for six months.  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 DRB was pleased to see that the applicant was doing well, has a good job  and continuing his 
education.  However, no inequity or impropriety in his discharge was suggested or found in the course of the 
hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of 
service. 

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 Kirtland AFB, NM on 26 
Jun 00 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Mar 75. Enlmt Age: 21 10/12.  Disch Age: 25 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-70,  E-39,  G-53,  M-11. PAFSC: 3S051 -  Personnel Journeyman. 
DAS: 3 Sep 97. 

b.  Prior Sv:  (1) AFRes 22 Feb 97 -  20 May 97 (2 months 29 days)(~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 21 May 97 for 4 yrs. Svd: 03 Yrs 01 Mo 07 Das, all AMS. 

b.  Grade Status:  AB  -  18 Apr 00  (SPCMO No.4, 11 May 00) 

SrA -  21 Sep 99 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None. 

f.  CM:  Special Court Martial Order No.4 -  11 May 00 

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

Specification:  Did, at or near Albuquerque, New Mexico, on divers 
occasions, between on or about 8 Jan 00 and on or about 10 Jan 00 
wrongfully use cocaine.  Plea:  Guilty.  Finding:  Guilty. 
Sentence adjudged by military judge on 18 Apr 00:  Reduction to 
AB, to be confined for 6 months, and to forfeit $300.00 pay per 
month for six months.  (Action:  Only so much of the sentence that 
provides for confinement for 3 months, forfeiture of $300.00 pay 
per month for 3 months, and reduction to the grade of AB is 
approved and will be executed). 

g.  Record of SV: 21 Mar 97 -  15 Oct 98  Kirtland AFB  5  (HAF Dir) 

16 Oct 98 -  25 Aug 99  Kirtland AFB  3  (CRO) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (04) Mos  (05) Das 
TAMS:  (03) Yrs  (01) MOS  (07) Das 

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

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. College Acceptance Letter. 

APPUCATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Please mad lnstnrctlons on Pages 3 and 4 BEFORE completing this application.) 

OM8 No. 0701-0064 
OM6 approvel expires 
Aug 31,2006 

3ul k 

to  any  pw& 

Th8 prhQo rrponhg k*dm la this cdiuiim d inlomvtkn I8  nthn8td m a v m g l  30 mhut..  pr ruponu, Mubng ch r*r* tor rwbrving hrtructkm& u & n g   axhthg 6u wml., 
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tor hllng to tmp)y whh a w k h  ol hlomvtion Y  k dow not  d l w y   cumntty valid OMB con*d  n W .
my ortwr provldm of  law,  no  p w ~  
 
PLEASE W NOT RETURN YOUR  FORM TO  THE ABOVE  OROAIIUATION.  RETURN  COMPLETED FORM TO  THE APPROPRIATE ADDRESS ON BACK  OF THIS 
m  ---. 
DAnC 
AUTHORITY:  10 U.S.C.  1553;  E.O.  9397. 
PRINCIPAL PURPOSE[S):  To apply for a change in the characterization or  reason for military discharge issued to an individual. 
ROUTINE USElS):  None. 
DISCLOSURE:  Voluntary;  however,  failure to provide identifying information may impede processing of this application.  The request for 
Social Security Number is strictly t o  assure 
1.  APPLICANT DATA  /The person whase discharge is to be revlewd.  PLEASE  PRINT OR TYPE INFORMATION. 
a.  BRANCH OF SERVICE (X om)  I 

identifiiatbLof the individual and appropriate records. 

1 X  (  AIR  FORCE 

PRIVACY ACT STATEMENT 

I MANWE CORPS 

I COAST GUARD 

I ARMY  I 

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1  M A W  
. 
G-EIRANa 

AT DISCHARGE 

I ?:~?OcIpcc8EC!'~~~NI,nn* - - - - - -, 
--------- 

. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - p - a  

2. DATE OF  DISCHARGE OR  SEPARATION 1 4.  DISCHARGE CHARACTEFiIZATION RECEIVED (X o w  1  5.  BOARD ACTlON REQUESTED (Xonel 
I  ( ~ W ~ M M D D )  

15 yaws  I- 

(If l t e  Is mom n 

- 

-

~ 

-

 

ago,  subnit a DD Form 149) 

2000/0b 1 2 b   b HONORABLE CONDITIONS 

- 

. .-NORABLE 
GENERWUNDER HONORABLE CONMTIONS 
UNDER OTHER THAN HONORABLE CDNDlTlOUS 
BAI~ CONDUCT / ~ a s c b /  caurt-mis/ &J 

3.  UNIT AND LOCATION AT DISCHARGE 

CHANQE TO HONORABLE 
CHANGE TO GENERAUUNMR 

CHANQE TO UNCHARACTERIZED 
(Not app/itabb fw Ak Force) 
:HANO€  NARRATIVE REASON FOR 

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CASE NUMBER 

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w both.) 

13.  CERTlfiCATION.  I makr tha foragdng at.hnwntm,  .I put of my ddm. with full knowla* 

a.  SlONATURE - REQUIRED (Appcant or parson in hem  lIp?pIp?p[e!-, 
........................... 

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b.  DATE 8KimD - REQUIRED 
 
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........................................................ 
DD FORM 293,  MAR 2004 

PREVIOUS  EDITIONS ARE OBSOLETE. 

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(Do not write in this space.) 

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Page 1 of 4 Pages 

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9.  TYPE OF R M E W  REQUESTED tX one) 

I  (Sea item  10 of the instnrcilons about cou~~~Ura/we~dntativa.) 

C.  E-MAIL 

1 

11.  APPLICANT MUST SIGN IN ITEM 13.8.  =OW. 

I f  thr n a r d  h qwtion I. U~st of a docansod or Inwmpotent person.  LEGAL PROOF OF 

DEATH OR INCOMP€ENCY  MUST ACCOMPANY THE APPLICATION.  If tha appUcdon h dgnad by othu thm the applicant,  Indlcate 
tha nvlw (pint) 
SOUSE 
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&urn  in addus% 1 . -. . -. . -. . . ., 

and mktiomhip by mmklng a box blow. 
LEGAL REPRESENTATWE 

12.a. CURRENT MAILING ADDRESS OF APPLICANT OR  PERSON ABOVE 

br X € W R M U F Y U ~  I(nrl&  A p  Code) 

OTHER (Speci~) 

WlDOWER 

WIDOW 

J...d 

May 2,2006 

RE: Request for Change of Characterization 

CERTIFIED MAIL 

U.S.A.F. Discharge Review Board 
SAF/MIBR 
550-C Street West, Ste 40 
Randolph A.F.B., TX 78 150-4742 

- 9  

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

Dear Sir or Madam: 
1,  I ..-..-..-..-..-..-..-..-.. 
!  am  requesting  a  review  of  my  General  Discharge  (Under 
Honorable  Conditions)  from  the  United  States Air  Force.  During  my  tenure  in  the 
military,  I  was  an  excellent Airman.  My  EPRs  will  reflect  the  potential  I  had  as  a 
successll member of the United States Air Force. While stationed at Kirtland Air Force 
Base, I was assigned to the Military Personnel Flight.  During my somewhat brief militay 
career of three years  and two months, I went through a troubling  divorce.  During this 
trying  time  while  dealing  with  this  issue,  I  made  a  horrible  mistake  that  would 
detrimentally affect my military career and the rest of my  life forever. One weekend,  I 
used  cocaine,  which  caused  me  to  fail  a  random  drug  test.  This  mistake  caused 
embarrassment to my unit, the United States Air Force, my family, and me.  This mistake 
showed a lack of self-respect as well as a lack of integrity on my part. 

The most difficult part to accept was that I was solely responsible  for ending my career 
with the USAF.  Another significant difficulty was when I had  to  face my unit  and my 
family.  I  had  to  explain to  everyone repeatedly, how  I  had  failed and  how  I  had  let 
everyone down.  Everyone, who knew me personally, knew  the type of person  I really 
was and the potential I had exhibited toward becoming a successful military member for 
many years to come. 

I faced a Court Martial which I was sentenced to 6 long months in confinement, reduction 
to  Airman  Basic,  and  forfeiture  on  all  pay.  I  received  a  General  Discharge  (Under 
Honorable Conditions).  My confinement was at Kirtland Air Force Base,  which is the 
same  base  I  was  stationed  at  for  the  previous  two  years. 
I  had  to  endure  the 
embarrassment of  being  a prisoner  and  working  details for  the  military members thqt 
were my peers before my confinement.  Each day I would tell myself that no one brought 
this humiliation to me but me.  I faced my mistake head on and I sincerely apologize for 
my failure in the USAF and any disgrace I caused relating to my mistake.  By accepting 
responsibility, I feel I have grown stronger as a person.  I still tell myself repeatedly, it is 
not the fact that I failed a drug test and lost my military career, but it is the fact that I used 
cocaine that makes this ordeal a nightmare. 

Since my release from confinement six years ago, I have tried to restore my dignity and 

Request for Change of Characterization 
May 2,2006 
Page 2 of 2 

self-respect.  I have since married my second wife, who is a wonderfbl person and now I 
have two stepchildren who are eight and five.  For nearly four years, I have raised them as 
if they were my own During this time I have worked many long hours so that my wife 
could further her education which she will graduate in December with a Bachelors degree 
in  Business  Management  and  a minor  in  Human Resources.  I  started out  as a sales 
representative in a cellular business and within one year, I was promoted to an Assistant 
Retail  Business Manager  (Assistant  Store Manager).  The skills and  work  ethic that  I 
learned  in  the  Air  Force  have  led  me  to  become  a  successful person  in  the  civilian 
community. 

My  stepson and  stepdaughter are both active in youth  sports which I am also actively 
participating in by coaching both of their baseball and softball teams.  Since first working 
with youths, I have felt a huge sense of pride and much gratification from watching young 
children  smile  and  tell  me  thank  you  for  helping  them  learn  and  improve  different 
skilldabilities.  One main reason I am asking for an upgrade from a General Discharge to 
an Honorable Discharge is that I will be attending college this summer in order to become 
a  secondary school teacher.  I  am  motivated by  the  idea that  I  will  not  only educate 
children, but that I also hope to teach them not make the same types of mistakes that I 
made as an adult several years ago. 

I take full responsibility for making the mistake that  in turn destroyed my career that I 
wanted  in the  United  States Air  Force.  By  granting my  request  for an upgrade to  an 
Honorable Discharge, I will have a better opportunity of becoming a successful secondary 
educator.  By becoming an educator, I will have a better opportunity to make up for the 
embarrassing mistake I made by focusing my career on developing our youth.  Thank you 
for taking your time to consider my request, which I respectfidly submit for your review. 
I greatly anticipate hearing h m  you. 

OF THE AIR 

377TH MISSION SUPPORT SQUADRON (AFMC) 

KIRTLAND AIR FORCE BASE NEW MEXICO 

FROM:  377 MSSICC 

SUBJECT: Notification Memorandum 

1. I am recommending your discharge from 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.  Copies of the documents to be forwarded to the separation authority to support 
this recommendation are attached. 

2.  My reasons for this action are: 

a.  Did, at or near Albuquerque, NM, on divers occasions between on or about 8 Jan 00 and on 

or about 10 Jan 00, wrongfully use cocaine.  For your misconduct you were convicted at a 
special court-martial on 18 Apr 00.  (Atch 1) 

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.  Special pay, bonuses, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
i  at building 20200, ext. 6-5554, 
I have made an appointment for you to consult Captain; 
on  6 nd  at  1  3 33 
hours:  You may consult civilian counsel at your own expense. 

,..-.-..-.. 
----------. 

5.  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 workdays fiom today unless you request 
and receive an extension for good cause shown.  I will send them to the separation authority. 

6.  If you 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 will complete a medical examination at the 377th Medical Group (Physical Exams) on 
9 P r '  

at  O C * d  

8.  Any personal information you fumish in rebuttal is covered by the Privacy Act of 1974. A 
-copy of MI 36-3208 is available for your use in your unit orderly room. 

' . . , . . . - . . - . . - . . - . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  

Commander 

Attachments 
1.  Report of Result of Trial dated 18 Apr 00 
2.  Other Derogatory Data