AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

1  TYPE  UOTH  I 

I 

PERSONAL APPEARANCE 

'OUNSEL 

NAME OF COUNSEL AND OR ORGANIZATION 

YES 

No 

X 

GRADE 

I  AMN 
I
X
 
I 

AFSNISSAN 

RECORDREVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

I 

GEN 

I  UOTHC 

I  OTHER 

I  DENY 

ISSUES 

A93.01 

I  INDEXNUMBER 
I 

A94.07 

I 

EXHIBITS SUBMITTED TO THE BOARD 

I  1  1  ORDER APPOINTING THE BOARD 
2 
3 
I  4 

1  APPLICATION  FOR REVIEW OF DISCHARGE 
1  LETTER OF NOTIFICATION 
I  BRIEF OF PERSONNEL  FILE 

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

TAPE RECORDING  OF PERSONAL  APPEARANCE HE 

HEAKING DATE 

CASE NUMBER 

16 NOV 2006 
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED ALR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00342 

Case heard at Washington, D.C. 

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) via video teleconference 
between Andrews AFB, Maryland and Travis AFB, California but failed to appear or notify the board 

Advise applicant of the decision of the Board 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. 

SAFIMRBR 
550 C STREET WEST, SUITE 4 0  
RANDOLPH AFB, TX 781 50-4742 

INDORSEMENT 

DATE:  11/16/2006 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
IS3SCO\I\IA\I)  1)K. FE HI\C,  3RI)  FLOOR 
ANDREH'S AFB. \!I)  20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00342 

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

The applicant was scheduled for a personal  appearance before the Discharge Review Board (DRB) via video 
teleconference between Andrews AFB, Maryland  and Travis AFB, California but  failed to appear or notify 
the board. 

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:  Applicant contends discharge was inequitable  because it was too harsh.  The records  indicated the 
applicant  received  an  Article  15 for  misconduct.  The misconduct  included  failure  to  go  to  his  appointed 
place  of duty.  Court  martial  charges were also preferred  against the applicant.  He was charged  with  two 
specifications of wrongful distribution and use of Testosterone Steroids, a Schedule I11 controlled  substance. 
He submitted  a request  for discharge in  lieu of court-martial and his request  was approved.  The applicant 
self-identified  for  steroid  use  in  April  1997.  On  December  26,  1997,  the  applicant  sold  Steroids  to  a 
confidential informant  of the Houston County Sherriff s Office.  During the course of an investigation, the 
applicant admitted, in written and oral testimony, to the Air Force Office of Special investigations to the use 
and  distribution of Steroids on  multiple occasions. 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. 

Applicant also contends that he should not be penalized indefinitely for a mistake he made when young.  The 
DRB recognized the applicant was 2 1 years of age when the discharge took place.  However, there is no 
evidence he was immature or did not know right from wrong.  The Board opined the applicant was older 
than the vast majority of first-term members who properly adhere to the Air Force's  standards of conduct. 
The DRB concluded that the characterization of the applicant's  discharge was appropriate due to the 
misconduct. 

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 AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTHC Disch fr USAF Robins AFB, GA on 11 
Jun 98 UP AFI 36-3208, Chapter 4 (Discharge in Lieu of Court Martial).  Appeals 
for an Honorable or General Discharge. 

2.  BACKGROUND: 

a. DOB: 22 Aug 76.  Enlmt Age: 19 7/12.  Disch Age: 21 9/12. Educ: HS DIPL. 
AFQT: N/A.  A-86,  E-47,  G-46,  M-45. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 30 Sep 96. 

b.  Prior Sv:  (1) AFRes 28 Mar 96 -  16 Apr 96  (19 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  17 Apr 96 for 4 yrs. Svd: 02 Yrs 01 Mo 25 Das, all AMS. 

b.  Grade Status:  A m  -  22 Jan 98 (Article 15, 22 Jan 98) 

A1C -  17 Feb 97 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 22 Jan 98, Robins AFB, GA -  Article 86.  You did, on or 

about 9 Jan 98, fail to go at the time prescribed to 
your appointed place of duty, to wit:  Bldg 780. 
Reduction to Airman, and 5 days extra duty. (No appeal) 
(No mitigation) 

e.  Additional: None. 

f.  CM:  None. 
g.  Record of SV: 17 Apr 96 -  16 Dec 97  Robins AFB  3  (Initial) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (02) Yrs  (02) Mos  (14) Das 
TAMS: (02) Yrs  (01) Mos  (25) Das 

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

(Change Discharge to Honorable or General) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Two Character References. 
3. AF  Form 100. 
4. DD Form 214  (Member-1). 

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL 

FROM THE ARMED FORCES OF THE UNITED STATES 

(Pleare mat inr&ions 

on pages 3 mi 4 BEFORE c o m p ~ n g  this application.) 

I.. 

Fonn Appnwed 
OMB No. 07W-WO4 
Etpiins Ayg 31,2006 

I 

ud *ctbrl 

The public d o #  kudcr la (Lu d W m  qlidanuIim u Mimrsd to 
inrtnuciora, reading cxiaing dab IOIUCU,  @bin8  ad maintaining 
the& 
f a  reducing LC 
burden, to Dcpmnait of Defm, B d v s  Savicsr m d  CmmMk.tim  Dimtome (0704-0004)  Rapondrrm should bc a w n  thc ootwllhmudns my &or  povisim of 11%  no pmn dull bc subjcd to any 
infqmaim jf il doa nd disp1.r  I CUITCM~~ valid OMB a W q l  number.  PLEASE 00 NOT RETURN YOUR FORM 10 TM: ABOVgORGM4J&AllON. 
+ty 
my c o ~ < ~ $ Z m & R ~ t m m A D D m s s  ON BACK ov -mu PAGE 

of~fcinuIiim. Sad wmncno rqudin# chi1 burdcll atimuc a my ocha q m  d4u cdleaim of inlbmurirn, insludins sug@rn 

30 minuta per nrpaue, kluding the tims f a  

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. 
AUTHORITY:  10 U.S.C.'lSS3;  GiG. 9397. 
PRINCIPAL.PURPOSE(S):  To apply for a change in the c'haracterization or reason for military disckrge issued to an indidd~al:  ' 
. - 
ROUTlNE USE@): None. 
DISCLOSURE: -voluntary; how+, 
Social Security Number is sbictly to assure proper identifiation of the individual and appmpriate rcwrds. 

failure to provide identifying information may impede processing of this application. The request for 

PRIVAV ACT STATEMENT: -...  ' i s  

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Requesting up-grade 
body building 
' building. I w a s - 2 1  yearsold at the time this  I now know bettkr aria h a v e ' h e d  my life around.(cont) 
3 

elpwith my employment .'I was youxig at'the time I used a illegal substance in my 
young and did not k n ~ w  the serious side affects-of using steroids inmyhody. 

7.  flgppp[ic&lej  *NAPPL~*$!~TION  w*s  P ~ ~ ~ O U S L Y  
q  AND THIS FORM IS SaMITT'ED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.. 

SUBMIITED  ON ~WWMDQJ I... 1 , .  N/A  ; : -. .,# 

, 

I/militay documcnh or medlwl rCeo?dr  are relevant hi your case. pluue surd copiu.) 

8.  IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTSURE SUBMITTED AS EVIDENCE: (Continue in Item  17. 
Two character witness statements from two U.S. A m y  Majors. 

.

'

 

I AND/OR (eounaeUreptwmlative~ WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO 

(NOTE:  The Naw Dlrchame R.vim, Baanf doar not have a 4 I i n z  -1.) 
- - 
(~ncludr ~m cafe) 

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10.8. COUNSEXJREPRESENTATNE (I/any) NAME (zPI& Fin& Middk I n i h l )  AND ADDRESS 

Item  10 ojthe ikcbnclbnr abpvr cacrueh?pruenWk) 

1 

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.- - - .  

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11.  APPLICANT MUST SIGN IN$TEM 1 3 . t  BELOW.  If the record in question i1 that of a decurcd or incompetent penon, LEGAL PROOF OF 
DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application is slgncdby other tban tbe applicant, indicate 
the name @A) 
SPOUSE 
( T d  ~

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

m d  relationship by marking a box below. 

addc41cJJJ.. . . . . . . . . 

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13.  CERTIFICATION.  I make  be foregoing statements, .r part of my clalm, with full knowledge of the 

penaltles involved for nUlhll#maklng a false statement or claim. R ( S  We, TW. 18, S s M u  187 
- 
and 1001, provide that an MividtllJ shall be fined under this title or inwrisoned not more than 5 vears. 
or both.)  - 

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CASE NUMBER 

(Do not write in this spoce.) 

~b w b -  Oo3J3  I 

) 14. CONTINUATION OF ITEM 4' ISSUES (Ifupplicable) 

I turhed myself in for king steroids. I was working out at a gym off base and that is where I got introduced 
to steroids. I finally reiilized that I had a problem and turned myself into my supervisor. I was seeking help 
at that time. I feel that Bince I turned myself in and  made the choice to get off of steroids, I should be given 
a second change. I am requesting a up-grade to General Under Honorable Conditions or Honorable. I am 
needing this up-grade so I can go to work with law enforcement. I am now 30 years old, married with four 
step children. I have had no further use of steroids since my discharge fiom the military. Your 
consideration and understanding in this matter is welcomed and appreciated. I thank the Board for it's time 
and consideration in q s  matter. 

; 

I 

1 IS. CONTINUATION OF ITEM 8; SUPPORTING DOCUMENTS (l/applicable) 

16. REMARKS (Ifapplicable) 

i 
! 
i 

MAII; COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW. 

P"=y 

Army Review Boards Agency 
Support Division, St. Louis 
9700 Page Avenue 
St h i s .  MO  63132-5200 
(See h~://arbo.umy.pcntagm.mil) 

AIR FORCE 

Air Force Revim Boards Agency 
SAFMRBR 
55O-C Sket Wht, Suite 40 
Randolph AFB, TX  78 150-4742 

I 

NAVY AND MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street, S.E. 
Room 309 (NDRB) 
Washington Navy Yard, DC  20374-5023 

COAST GUARD 

U.S. Coast Guard 
C o m d a n t  (G-WPM) 
2100 Second Street, S.W. Room 5500 
Washington, DC 20593 

DD FORM 293, AUG 2003  . 

Page 2 of 4 Pages 

6  m 

-. 

a 

.................... 
1.  NAhEOFACcvsEo(LutkrtMI) 

CHARGE SHEET 
I.  PERSONAL DATA 
2. SSN 

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

5.  W I T  MI ORGANlZATlON 
78th Security Forces Squadron (AFMC) 
Robins Air Force ~ a s e ;  Georgia 31098 
7.  PAYPWMOMH 

a.  BASIC 

b.  SWORBGN WlY 

o TOTAL 

8.  HATWE OF RESTRAMT OF ACCUSB) 

3. CRADEORRANK 
NUN 

(I. CURRENT SWWCE 
a.  INITWMTE 

17 Apr 96 

9.MTaS)  IMPOSED 

4.  PAY GRAM 
E-2 

I b.  TWM 

4 

$1,038.30 

I 

1  $1,038.30 

1 

II. CHARGES AND SPECIFICATIONS 

lo.  WIRGE: 

WOUTION  OF THEW,  ARTIQE 

112a 

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

I  sPECIFIcAT~m 1 
I $280.00  worth of Testostemnc Steroids, a sched~~le 3 contmlled substance. 

In that, AIRMAN: 
Air Force Base, Georgia, between  on or about 1 April  1997 and  26 December  1997, wrongf~~lly distribute approximately 

;78th  Security Forces Squadron, Robins Air Force Base,  Georgia, did,  at or near Robink 

4 

SPECIFICATION 

I In that, AIRMAN; .....................  ;78th Security Forces Squadron, Robills Air Force Base, Georgia, did,  at or near Robins 

Air Force Base, Georgia, between  on or about 1 April  1997 and 26 Deccwber 1997, wrongfully use Testosterone Steroids, a 
schedule 3  controlled substance. 

111.  NAME OF ACCUSW @.st, F a  M// 
: 
d.  SIF 

- 

Ill.  PRDWRAL 

b.  GRADE 
Lt Colonel 

c.  ORGANlUTlON OF ACCUSW 
78th Security Forces Squadron 

r M T E  

/ 9  M&9P 

L..-  .-.. .-..-..-....-..-..------------------------ 
tha unbnignmd, authorizad by law to admiibtrr oaths in casts of thii chmaar, ptrronrlly apprrad tha 

AFFIDAVIT:=, 
- 
98 
abaw named aausar thm 
u n l r  oath that hdshr b a paaon s u b j i  to tha Uniform C o b  of M h r y  Judica and that kdsha aithar ha8 p m n a l  knowkdpa of 
or has inwatigatad tha mattm sat forth thanin and that tha nnw  m ma to tha brat of h i i a r  knowledpa ~ n d  bttiaf. 

. I 9  

May 

19th 

dayof 

a 

,and signad tha foraqoing chargas and s p c i f i i t h  

C ------------------ ---------------I 

I  ' 

Captain 

Twd Nmr of O f f k  

- 

\ 

S b r f u ~  

Warner Robins Air Logistic Center 

(kgni#tim of Officer 

hssistant Staff Judge Advocate 

OffhidC  w'fy to Admiristw Orh 

/S.r R.C.M. 3 0 7 r ~ s t b s  cvmmkbnd o f f 7  

DD FORM 458, AUG 84 /EF-11) 

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mnm OF OCT 69 IS O B ~ E  

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I : 

T w N m  of h & t r   C- 

- 
1 98 

I - - - - - - - - - - - - - - - - - - - - - - - - - -  

78th Security Forces Sqi~adron 

U ~ g & r h  o f h d r t r  Cammndr 

, tba aceusad was infomd of the chargas against hi 

i I nd of tha n a d )  of 

a 3  7-4 

I  [-' 

s@mhm 

IV.  RECBPT BY SUMMARY COURT-MARTIAL C O N W I N G  AUTHORITY 

pa R.C.44  4WI 

01AwMhg sumnry covrt.Mr(iJs- 

I 78th Air Base Wing (AFMC) 
I 
I ........................ 
I .  

T d N w  d O f f i  

Colonel, USAF 

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

FORTM 

'  COMMANDER 

Staff Judge Advocate 

O f W C ~ # I v  of W f i S 4 p b l g  

( 

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C 

14..  OESlGNAllON OF CO -IW 
178th Air Base Wiug ( ~ M c )  

1 

V.  REFERRAL. SERVICE Of CHARGES 

b.  RACE 

I Robins AFB, Georgia 

b.  DATE 

I 

Referred for trial to tha 

Special 

counmortbl conwnad by 

- 
19  98 

. subject to tha folbwing inrtructbn,: 

2 
None 

By  COMMANDER 

of 

canmdffadr 

I 

T d N m  of O f f i  

Colonel, USAF 

Staff Judge  Advocate 

Off&Cs.arr 

of OffiFa S@II& 

s*m 

. I ( a - d  
- 
19  98 

a mpy hereof on (mch oQ the above namd accused. 

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

I 

I 

15. 

On 

r 
00 fORM 458. AUG 84-0 

IB;Yf/ 

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