AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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YAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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+  ]  NAME OF COUNSEL AND OR ORGANIZATION 

PERSONAL APPEARANCE 

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GRADE 

1  AlC 

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RECORDREVIEW 

ADDRESS AND OR ORGANIZATION  OF COUNSEL 

ISSUES 

A66.00 

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INDEX NUMBER 

A03.02 

HEARING DATE 

CASE NUMBER 

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EXBIBRS SUBMLTTED TO THE BOARD 

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ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
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 

14 Nov 2006 
APPLICANTS ISSUE ANDTHE  BOARD'S DECISIOSAL RATlONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHAROE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00337 

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* No change to RE CODE 

C a s e  h e a r d  i n  Washington, D.C. 

A d v i s e  a p p l i c a n t  of the d e c i s i o n  of the Board, the r i g h t  to a personal a p p e a r a n c e  w i t h t w i t h o u t  c o u n s e l ,  and the r i g h t  to s u b m i t  an 
a p p l i c a t i o n  to the AFBCMR. 

N a m e s  and votes w i l l  be made a v a i l a b l e  to the a p p l i c a n t  at the a p p l i c a n t ' s   r e q u e s t .  

TO: 

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING. 3RD FLOOR 
ANDREWS 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 

CASE NUMBER 

FD-2006-00337 

GENERAL:  The  applicant appeals for  upgrade of discharge to  honorable and  to  change the  reason and 
authority for the discharge. 

While the applicant had  requested and  scheduled a personal  appearance via Video  Teleconference (VTC) 
from Travis  AFB,  California  in  front  of  the  Discharge Review  Board  (DRB), without  counsel,  sitting at 
Andrews AFB, Maryland on  14 November 2006, the applicant did not remain in contact with the Board and 
did not show up at the time set for her VTC, so, by her absence, declined to exercise her right to appear.  The 
case  was  heard  on  14 November  2006  as  a  non-personal appearance case.  No  additional  exhibits  were 
submitted at the hearing. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  The  Board  finds  the  applicant  submitted  issues  contesting  the  equity  or  propriety  of  the 
discharge,  and  after  a  thorough  review  of  the  record,  the  Board  agreed,  for  different  reasons  than  those 
proffered by the applicant, that her request for an upgrade of discharge was justified. 

The Board finds that the evidence of record substantiates an impropriety that justifies a change of discharge. 

The Board grants the requested relief.  The discharge is upgraded to honorable.  Additionally, the reason and 
authority for discharge is changed to Expiration of Term of Service, AFI 36-3208, para. 2.2, but change of 
reenlistment code is denied. 

ISSUE: 

The Board found that the reason for discharge, the decision to discharge, and the characterization of 
discharge were all appropriately dealt with by command.  However, a lack of attention to the applicant's 
pending ETS by all command and support staff involved in this matter led to the expiration of her ETS prior 
to final action by the separation authority on the involuntary discharge.  Paragraph 2.1, AFI 36-3208 conveys 
an absolute right to discharge of an airman upon completion of their enlistment, absent certain exceptions 
not applicable to the applicant's  case.  Paragraph 2.8 of the same instruction prohibits retaining "airmen 
beyond ETS involuntarily for completion of involuntary discharge processing."  A thorough review of the 
applicant's file reveals no authority to retain her beyond her ETS merely to be involuntarily separated.  The 
applicant's four-year enlistment expired at 2359:59 hours on 27 May 2006; but the separation authority did 
not act on the involuntary discharge action until 30 May 2006 (and she was not actually separated until 
2 June 2006). 

Additionally, paragraph 2.8 of the enlisted discharge instruction placed an affirmative duty on command to: 
1) give the Airman a chance to voluntarily extend the enlistment for the time needed to complete the case; 
2)  tell the Airman that if separation takes place on ETS while the involuntary discharge is pending, the 
Airman will not be eligible to reenlist; 
3) allow the Airman time to consult military legal counsel before deciding whether to extend the enlistment; 
and' 
4) separate on ETS, every Airman who declines to extend. 

Command's inexplicable failure to comply with para. 2.8 directly led to and compounded the prejudicial 
error of keeping the applicant on active duty to complete involuntary discharge processing.  Since separation 
on ETS would have resulted in an honorable characterization, yet she received a general (under honorable 

conditions) discharge, such dereliction and noncompliance with Air Force instructions constitutes prejudicial 
error, i. e., caused the Board to have substantial doubt that the discharge would have remained the same if the 
error had not been made.  Since she should have been discharged upon ETS, the reason and authority for 
discharge must be changed to reflect that the reason for discharge was ETS instead of misconduct or drug 
abuse and that the authority was para. 2.2 instead of 5.54. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  applicant's  discharge  was  not 
consistent  with  the  procedural  and  substantive  requirements  of  the  discharge  regulation  and  that  the 
discharge authority abused his discretion by denying the applicant full administrative due process. 

In view of the foregoing findings the Board further concludes that there exists a legal basis for upgrade of 
discharge, thus the applicant's discharge should be changed. 

The  applicant's  discharge  characterization  should  be  changed  to  Honorable  and  the  reason  and  authority 
changed to  Expiration  of  Term  of  Service under  AFI  36-3208, para.  2.2  under  the provisions  of Title  10, 
USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Elmendorf AFB, AK on 2 
Jun 06 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 23 Jan 83.  Enlmt Age: 19 0/12.  Disch Age: 23 4/12. Educ: HS DIPL. 
AFQT: N/A.  A-71,  E-68,  G-53,  M-42. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 3 Nov 02. 

b.  Prior Sv: (1) AFRes 21 Feb 02 -  27 May 02  (3 months 7 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 28 May 02 for 4 yrs. Svd: 04 Yrs 00 Mo 06 Das, all AMS 

b.  Grade Status:  A1C -  29 Mar 06  (Article 15, 29 Mar 06) 

SrA -  28 May 05 
A1C  -  28 Sep 03 
Amn -  28 Nov 02 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 29 Mar 06, Elmendorf AFB, AK -  Article 112a.  You, did, 
between on or about 24 Jan 06 and on or about 21 Feb 06, 
wrongfully use marijuana.  Reduction to Airman  (below 
A1C suspended).  Forfeiture of $846.00 pay per month  for 
2 months.  (Appeal/Denied) (No mitigation) 

(2) 20 Sep 04, Elmendorf AFB, AK -  Article 92.  You, who 

knew of your duties, on or about 28 Aug  04, were 
derelict in the performance of those duties in that you 
willfully failed to check the identification of the 
individual in a vehicle at your assigned entry control 
point, as it was your duty to do.  Suspended reduction 
to Airman.  Reprimand.  (No appeal)  (No mitigation) 

e.  Additional: LOR, 11 JUL 05 -  Failure to go. 

LOA, 26 MAY 05 -  Financial irresponsibility. 
LOC, 08 MAY 05 -  Failure to follow instuctions. 
LOR, 19 NOV 04 -  Late for work. 

f .  CM:  None. 

g.  Record of SV: 28 May 02 -  27 Jan 04  Elmendorf AFB  5  (Initial) 

28 Jan 04 -  27 Jan 05  Elmendorf AFB  4  (AnnualIREF 
28 Jan 05 -  27 Jan 06  Elmendorf AFB  3  (Annua1)REF 
28 Jan 06 -  15 Apr 06  Elmendorf AFB  1  (Cmdr Dir)REF 

h.  Awards &  Decs:  NDSM, AFTR, AFLSAR, AFOUA W/VALOR W/2 DEVS, AFOSLTR, 

GWOTEM, GWOTSM . 

i.  Stmt of Sv:  TMS:  (04) Yrs  (03) Mos  (12) Das 
TAMS: (04) Yrs  (00) Mos  (06) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 24 Aug 06. 

(Change Discharge to Honorable) 

Innocent.  GI Bill.  Injustice 

ATCH 
None. 

MAY 1 1 20s 

MEMORANDUM FOR A1C 

FROM:  3 SFSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for drug abuse, 
specifically, marijuana.  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 
honorable, general or under other than honorable conditions (UOTHC).  I am recommending 
your service be characterized as general. 

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2.  My reasons for this action are: 

a.  Between 24 Jan 06 and 21 Feb 06, you wrongfully used marijuana.  For this offense you 

received an Article 15, dated 29 Mar 06.  The punishment consisted of a reduction to the grade of 
airman, with the reduction below airman first class suspended, and forfeiture of $846.00 pay per 
month for 2 months. 

3.  Though not used as a basis for -this discharge action, the following will be forwarded to the 
separation authority for review in consideration of your service characterization: 

a.  On 28 Aug 04, you failed to check the identification of an individual in a vehicle at the 

assigned entry control point.  For this offense, you received an Article 15, dated 20 Sep 04.  The 
punishment consisted of a reduction to the grade of airman suspendedand a reprimand. 

b.  On 19 Dec 04, you failed to report for duty at the scheduled time.  For this offense, you 

received a Letter of Reprimand, dated 19 Nov 04. 

c.  On 5 May 05, you failed to provide the flight chief with documentation fiom a physician 

excusingyou fiom physical training.  You also, failed to show at the time and place prescribed 
for physical training.  For these ,offenses, you received a Letter of Counseling, dated 8 May 05. 

d.  An investigation revealed that between Mar 05 and May 05, you failed to pay your debts. 

For this offense, you received a Letter of Admonishment, dated 26 May 05. 

e.  On 5 Jul05, you failed to report for mandatory training.  For this offense, you received a 

Letter of Reprimand, dated 11 Jul05. 

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 a higher 
authority will decide whether you are discharged or retained in the Air Force, and if you are 

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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. 

6.  You have the right to consult legal counsel.  Military legal counsel has been obtained to assist 
you.  I have made an appointment for you to consult Capk ..-.-..-.- 
Room 330 at 
expense. 

5 552-3887, at Bldg 10480, 
on  I p M C ) , ? ~  You may consult civilian counsel at your own 

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7.  You have the right to submit statements in yourown behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after the date of this letter 
unless you request and receive an extension for good cause shown.  I will forward any statements 
you provide to the separation authority. 

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

9.  You have been scheduled for medical examinations.  You must report, with your medical 
records, to the 3rd Medical Operations Squadron, Bldg 5595, at  13 q~ 
on  14 flwb6 
for your first exam, at which time you will be notified of the time for your second exam.  $ring 
with you the Medical Assessment Letter @D  Form 2697).  You are to refiain from alcohol for 
72 hours, and refrain from the use of tobacco products for 6 hours, prior to examination. Bring 
eyeglasses (and contact solution if using contacts) if applicable.  You must be in uniform for 
these examinations. 

10.  You have also been scheduled for a TMO Household Goods Shipment preprocessing 
on 
briefing.  You must report to Bldg 85 17 (People Center), Room 247 at 

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. You must be in uniform for all appointments. 

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1 1.  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 your Squadron Orderly Room. 

Commander 

Attachments: 
1.  AF Form 3070 (Article 15), dtd 29 Mar 06 
2.  AF Form 3070 (Article 15), dtd 20 Sep 04 
3.  Letter of Reprimand, dated 19 Nov 04 
4.  Letter of Counseling, dated 8 May 05 
5.  Letter of Admonition, dated 26 May 05 
6.  Letter of Reprimand, dated 11 Jul05