AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

HON 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDIX INI'I'IAI,) 
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1  i 
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TYPE  UOTH 

PERSONAL APPEARANCE 

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NAME  OF COllNSEl.  AN,,  OK OKG\NIZATION 

c"nsEL 

YES 

No 

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1 

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1 

ISSUF9 

A92.01 
A94.05 

INDhX NUMBER 

A94.07 

GRADE 

SSGT 

1 

AFSNISSAN 

RECORD REVIEW 

X 
AOOHt 55 AN11 OK OKLANlZAl ION 01. (OlINSt  I, 

VOTE OP THE BOARD 

I  GEN-7 

IJOTHC 

I  OTHER 

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I)ENY 

X 

X 

X 

X 

X 

EXHIBITS SUBMITTED TQ TN,)OARD 

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ORDER APPOINTING TtIL BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 

1 
2 
3  1  LETTER OF NOTIFICATION 
4  1  BRIEF OF I'ERSONNEI.  FILE 

COUNSF.I.'S  KEI.F.ASF, '1'0  '1'1  IE  HOARD 
ADDITIONAI. EXHIBITS SIJBMITTED AT TIME OF 
I'EKSONAI.  AI'I'EARANCE 

'I'APE RECOWING OF PERSONAL APPEARANCF HF 

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HEARING D.\TE 

1  30 Jan 2007 

CASE NUMBER 

I  FD-2006-00167 

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APPLICANT'S ISSUE AKD THE BOARD S DFCIJIO\AL  KArlONhL h R e  DISCUSSED OHTHE hl74CHED UR FORCE DISCHARGE REVIEW BOARD DFCISIOKAL RATlOhALC 

1  Case heard  in  Wasl~ington, DZ 

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 WES'I', SUITE 40 
RAN13OI.PH AFB, T>( 781 50-4742 

SECRETARY OF TllE AIR  FORCE PERSONNEL  COUNCIL 
AIR  FORCE  DISCIIARGE  REVIEW BOARD 
1535 COMMAND OR, EE WINC, JRD FLOOR 
ANDREWS AFB, &ID 20762-7002 

AFHQ FORM 0-2077, JAN 00 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-20,)6-00167 

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

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 lcading to the discharge. 

FINDINGS:  lJpgradc 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.  Although not explicitly stated, applicant contends her discharge was inequitable because it was too 
harsh and was unfair due to lack of circumst~antial evidence.  The records indicated the applicant had been 
charged with wrongful use of marijuana and making a false official statement.  As a result, she requested an 
administrative discharge in lieu of a court martial.  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 applicant states that she was a good airman and would not have intentioilally jeopardized her 
career to use drugs.  The DRH took note of the applicant's  duty performance as documented by her 
performance reports and other accomplishments.  However, the Board found the seriousness of the willful 
inisconduct offset any positive aspects of the applicant's duty performance.  The Board concluded thc 
discharge was appropriate for the reasons which were the basis for this case. 

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 SSGT) (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl recld a UOTHC Disch fr USAF Charleston AFB, SC on 
22 Apr 05 UP AFI 36-3208, Chapter 4  (Triable by Court-Martial).  Appeals for 
General Disch. 

2.  BACKGROUND: 

a. DOB: 4 Mar 75.  Enlmt Age: 23 7/12.  Disch Age: 30 1/12. Educ: HS DIPL. 

AFQT: N/A.  A-65,  E-39,  G-50,  M-35. PAFSC: 2T07L - Traffic Management 
Craftsman.  DAS: 15 Jul 03. 

b.  Prior Sv: (1) AFRes 30 Oct 98 -  23 Feb 99 (3 mos 24 das) (Inactive) 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 24 Feb 99 for 4 years.  Extended on 1 Mar 02 for 18 

months.  Extended again on 10 Feb 04 for 5 months. Svd: 06 Yrs 01 Mo 29 Das, all 
AMS.  EXAMINER'S NOTE:  Applicant was involuntarly extended twice, while pending 
Court Martial charges. 

b.  Grade Status:  SSgt -  1 Sep 03 
S r A   -  24 Dec 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) None. 

e.  Additional :  None. 

f.  CM:  None. 

g.  Record of SV: 24 Feb 99 -  15 Jul 00  Beale AFB  5  (HAF DIR) 
16 Jul 00 -  15 Jul 01  Beale AFB  5  (Annual) 
16 Jul 01 -  11 Mar 02  Beale AFB  5  (CRO) 
12 Mar 02 -  11 Mar 03  Incirlik AB  5  (Annual) 
12 Mar 03 -  11 Mar 04  Charleston AFB  5  (Annual) 

h.  Awards &  Decs:  AFAM, AFTR, NDSM, AFLSAR, NCOPMER, AFOSSTR, GWOTSM, 

AFOUA, AFGCM . 

i.  Stmt of Sv:  TMS:  (06) Yrs  (05) Mos  (23) Das 
TAMS: (06) Yrs  (01) Mos  (29) Das 

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

(Change Discharge to General {under Honorable Conditions)) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's Issues. 
2.  Copies of  six EPRs. 
3.  Seven Affidavits. 
4.  Four Character Statements. 
5.  Two copies of DD Form 214. 

MY mme is I - - - - - - - - - - - - - - - - - - - - - - -: 

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

.-.-..-.. 
formerly known as Staff Sergeant 1 ..-....- 
'  I 

served for a total of six years with the United States Air Force.  While serving my 
enlistment, I extended twice.  The first extension was for a total of 18 months, allowing 
me to take an assignment to Incirlik AB, Turkey and then a follow-on to Charleston AFB, 
SC.  The second extension was for a total of 5 months, allowing me to complete Airman 
Leadership School.  My main reason for extending was to allow myself adequate time to 
figure out whether to stay in the military or to separate.  Upon approaching my last 
extension date (January 2005), the decision was practically made for me.  I only had a 
few months left before completing each extension successfully.  Just as I stated to the 
defense counsel, I will state once again this was unfair due to the lack of uncircumstantial 
evidence.  I could not even explain how having a positive test could have happened, so 
how could someone else have given me the answer to that question without a doubt in 
their mind that their information was in fact 100 percent accurate.  I gave ideas of how it 
could have occured but I wasn't  sure on how it did happen, therefore; I could only 
provide what I knew.  I provided the security forces with information that I had to 
provide and in return one of the sergeants said I lied.  I told him, that I had not had any 
marijuana since I tried it in college.  I graduated from college in 1998.  I am not certain as 
to what the sergeant said, but I do know that he is the one being untruthful.  That would 
have simple been considered his word against mine, 

Moving forward, I would not have intentionally jeopardized my career, education, 

or my well-being over a drug or any drugs for that matter.  These are all an intimate part 
of my life.  Especially my education, it is very important to me because it is truly a token 
that no matter what you go through in life, it will never be taken away fiom you.  My 
military career had also become a challenging, yet successful part of me.  My military 
records will indicate as such.  Like I said earlier, I joined  the United States Air Force 
under a four year enlistment and because there were so many great things going on within 
my career, I could not decide on staying in or getting out.  I extended for a total of 23 
months. Even though I did not re-enlist, technically my initial enlistment was served 
under honorable conditions. 

When I look back on my type of discharge I received, I am far from being proud 
but I am proud to have had the opportunity to serve my country and I am also proud of 
my accomplishments.  I hoped that one day, I would be able to put my certificate on the 
wall next to my father's.  My father served in the United States Army and was wounded 
in the Vietnam War.  Due to the type of discharge I received, I would rather keep it in a 
box, filed away.  It makes me sad and angry not being able to share such an achievement 
for a father and his daughter. 

Thank you for taking the time to consider me for an upgrade in discharge type,  I have 
enclosed EPK's, affidavits and a copy of my DD Form 214. 

............................... 
1.  NAME OF  ACCUSED (Last First 
.------------------------ 
5. UNIT OR  ORGANIZATION 
437 APS (AMc) 
Charleston AFB, SC 29404 
7. PAY  PER  MONTH 

a.  BASIC 

b.  SEA/FOREIGN WW 

CTOTAL 

L PERSOMAL DATA 

ZSSN  - - - - - - - - - - - - - - - ,  
:.-.-....-....-m 

3. GRADE OR  RANK 

4. PAY GRADE 

Staff Sergeant 

6. CURRENT SERVICE 
a. INITIAL DATE 

I b.  TERM 

E-5 

-. 

24 Feb 99 

4 years 

'8. NATURE OF  RESTRAINT OF ACCUSED 

9. OATEISI IMPOSED 

$2,060.70 

$0-00 

$2,060.70 

None 

N/A 

K CHARGES AND SPECIFICATIONS 

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i o.  CHARGE I: Violation of the UCMJ, M c l e  1 12a 
Specification:  In that STAFF SERGEANT;. . -. -. ._. -. . . . -. . . . -. . . . -. -. . -. -. . -. -. .; United States Air Force, 437th Aerial Port 
Squadron, Charleston Air F m  Base, South Carolina, did, within the continental United States, between on or about 1 October 2004 
and on or about 9 November 2004, wrongfidly use manj-uana 

I CHARGE II:  Violation of tbc UCMJ, Article 107 
Specification:  In that STAFF SERGEANT:- -- --- -- ----- ----- ----- -- --- -- --- -- ---- j United States Air Force, 437th Aerial Port 
Squadron, Charleston Air Force Base, South Carolina, did, at or near Charleston Air Force Base, South Carolina, on or about 
7 December 2004, with intent to deceive, make to Detective: - - - - - - - - - ------ - - -: an oficial statement, ............................... 
to wit:  "I have never used 
.mgrijg-s;gr"  which statement was totally false, and was then h o w  by the said STAFF SERGEANT I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - mi 
----------;to be so false. 

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1 la. NAME OF ACCUSER  {Last, First. A49 
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..-....-.... a .-., 

Ill. PREFERRAL 

b.  GRADE 

-  Lt Col 

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C.  ORGANIZATION OF  ACCUSER 
437 APS 

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e DATE 

19 Jan 05 

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AFFIDAVIT: Before me, the undersigned, authorized by  law to administer oath in cases of this character, personally appeared the above named 
accuser this 19 day of January, 2005, and signed the foregoing charges and specifications under oath that heleiteis a person subject to the Uniform 
Code of Military Justice and that he/&  either has personal laowledge of or has investigated the matters set forth therein and that the same are true to 
the best of hidherknowledge and belief. 

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L _ __ _ _ _ _ _ _ _ _ _ _ __ _ __ - - - - - - - - - - - - - - -1 

3)rpd Name of  W c e r  

Captain 
Captain 
Grade 
Grade 

- 

I  QD FORM 458, MAY  ZOO0 

437 AWIJA 

Organization of Oflcer 

Assistant Staff Judge Advocate 
Assistant Staff Judge Advocate 
Oflcial Cnpacity to Administer Oath 
Official Ciwacitv to Administer Oath 

(See R.C.M. 307(b){l) - must be commissioned oficer) 

PREVIOUS EDITION IS OBSOLETE. 

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the xcusa(s) known b n  @ee n u -  308(iijjI (&x R.CM  308 i f n o t m t i o n  connot br madej 

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h k e  dhmdiate Communder 
Lieutenant Colonel 

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Sign- 

437 APS 

Organizution if  fmmediate Commander 

13. 

The sworn charges werereceived at 

IV. RECEIPT BY SUMMARY COURT MARnAL CONVENING AUTHORJTT 
p r n   - , at 

hours, 

hignation of  Cbmmund w 

weer Exercising Sbmarp Gnui-MorbX J ~ r i r d i ~ o n  @ee R C M  403) 

FOR THE ' 

14a. 

DESIGNATION OF COMMWa OF COMVEHING AUMOMPt 

b.  PLACE 

c+ DATE 

S i m r e  

V.  REFERRAL SERVICE OF CHARGES 

court-martial board convened by 

20 

, subject to the following instructions: ' 

BY 

Command or Order 

o f  

Qped  Name of Ofice 

Oflcial Capacity of Oflce Signing 

I Referred for trial to the 
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15. 

Signature 

,20 

, I (caused to be) served a copy hereof on (each of) the above named accuscd. 

Typed Name of Trial Counsel 

Grade or Rank of Trial Counsel 

FOOTNOTES: 

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DD FORM 458 (BACK),  MAY 2000 

Signature 
I  - When an appropriate commander signs personally,  inapplicable words are stricken. 
2 - See R.CM. 601 (e) concerning instructions. If none. so stale.