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AIR FORClE DISCHARGE REVIEW BOARD HEARING RECORD 

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PERSONAL APPEARANCE 

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RECORD REVIEW 

NAMV  OF CO,JNS.I,  AhD OR ORGANIZATION 

MEMBER SITTING 

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Advise applicant of the decision  of the Board, the right to a personal appearance with/without counsel, and the right to submit an 
application to the AFBCMR 

Names and votes will be made available to t l ~ c  applicant at the applicant's request. 

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SAFIMRBR 
550 C STREET WEST, SIJITE 40 
IIANDOLPI I  A F B  TX 78150-1742 

FKOM: 

SECRETARY OVI'HE AIR FORCE PERSONNEL COIINCII, 
AIR FORCE DlSCllARCE RLVIEW  BOARD 
1535 COMMAND DR, EE WING. 3RD FLOOR 
ANDREWS AFB, MD 207b2-711112 

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will bc used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIIMBER 

FD-2006-001gg 

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

The applicant was offered a personal appearance befbre 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 that neither the evidence of record nor that provided by the applicant substantiates an 
inequity or impropriety that would justifj~ a change of discharge. 

ISSUE: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article  15 and five Records of Individual Counseling for misconduct.  The applicant 
was administratively disciplined for being late fbr duty and dcrclictioll of duty.  He received a11 Article  15 
for wrongfully distributing hydrocodone (Vicodin).  He was punished with a suspended reduction in grade to 
Airman First Class, forfeiture of pay, and 14 days or extra duty.  The DRB opined that through these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  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 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. 

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, on 
September 20, 1999) that he understood he must receive an f Ionorable 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 inlpropriety 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  [urther  concludes that thcrc exists no  legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be cliangcd. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Kirtland AFB, NM  on 10 
Sep 04 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a, DOB: 26 Jan 81.  Enlmt Age: 17 4/12.  Disch Age: 23 7/12. Educ: HS DIPL. 

AFQT: N/A.  A-37,  E-69,  G-64,  M-52. PAFSC: C2A5SlL - Aerospace Maintenance 
Journeyman. DAS: 3 Sep 03, 

b.  Prior Sv: (1) AFRes 12 Jun 98 -  7 Sep 99 (1 year 2 months 26 days) 

(Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 8 Sep 99 for 6 yrs. Svd: 05 Yrs 00 Mo 03 Das, all AMS. 

b.  Grade Status:  SrA -  25 Feb 02 
A1C -  25 Oct 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 9 Feb 04, Kirtland AFB, NM  -  Article 112a,  You, did, 

at or near Albuqueque, New Mexico, between on or about 1 
Apr 02 and on or about 30 Sep 02, wrongfully distribute 
some quantity of hydrocodone (brandname Vicodin), a 
schedule I11 controlled substance.  Suspended reduction 
to ALC.  Forfeiture of $369.00 pay, 14 days extra duty, 
and a reprimand. (No appeal)  (No mitigation) 

e .   Additional: RIC, 10 JAN 03 -  Failure to go. 
RIC, 20 SEP 02 -  Failure to go, 
RIC, 08 JUN 01 -  Dereliction of duty. 
RIC, 01 JUN 01 -  Late for duty. 
RIC, 05 APR 00 -  Late for duty. 

f.  CM:  None. 

g.  Record of SV: 8 Sep 99 -  7 May 01  Kirtland AFB  5  (HAF Dir) 
8 May 01 -  7 May 02  Kirtland AFB  5  (Annual) 
8 May 02 -  5 May 03  Kirtland AFB  5  (CRO) 

h.  Awards &  Decs:  AFAM, AFTR, NDSM, AFLSAR. 

i.  Stmt of Sv:  TMS: (06) Yrs  (02) Mos  (29) Das 

4 .   BASXS  ADVANCED FOR REVIEW:  AppLn  (DD Fm 293) dtd 09 May 06. 

TAMS: (05) Yrs  (00) Mos  (03) Das 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Article 15, 09 Feb 04. 
3. Character References. 
4. Memorandum For Det 2, 412 AMXS/CC, 14 Oct 03. 
5. AF Form 100. 
6. Two AF Forms 973. 
7, DD Form 214. 
8. Memorandum For Discharge Authority, 19 Aug  04. 
9. Five Character References. 
10. Nomination for Squadron Outstanding Performance. 
11. Air Force Achievement Award. 
12, Three Enlisted Performance Reports. 

MY name is i - - - - y - - - - - - - -  

i and I am submitting this letter to you along with my 

The enfgti-nadeg began when three other members, Staff 

paper work for an upgrade on my military discharge from general under honorable 
conditions to a full honorable. This upgrade to honorable discharge will have two lifetime 
long lasting effects for me. First with the general discharge I am rquired to disclose this 
information on every job application that I fill out and this significantly reduces my 
chance for any real career advancements, Second is that by having a general discharge 
the benefit of the Montgomery G.I.  Bill has been taken away from me. I am currently 
attending college and have been for the entire eighteen months sincd I have been 
discharged. In that time I have also been able to maintain a job at the Davis Advanced 
bm Facility on Kirtland Air Force Base as a contractor with the ~ o e &  Company. The 
upgrade to honorable would greatly reduce the financialdin of college loans by 
reinstating the use of my Montgomery G.1 BiU. The goal of this letter is not to make 
applying for jobs easier or to get a college benefit back but more importantly to simply 
right a wrong that was done to an airman who other then the one mistake of giving a 
prescription vicodin to another airman had never had more then the letters of counseling, 
which are also included in my package, for being late to work three @es  in five years 
and missing a single appointment. 
.  Sergeant:- ------ -- --- J 
Staff Sergeanti- --- --- -- --- - 5  and Senior 
--- _-- - - - - ?   --. --- i of my squadron the 412 
AMXS DET 2, a detachment unit from Edwards AFB were vested by Air Force Office 
of Special Investigation agents for distributing and using p59scriptiop drugs between each 
other. I was arrested the next day while attending A h a ~  
Igderspip School, which is 
required for any Senior Airman who has been selected for Saff Selgeant.  I later found 
out that the arresting officers of the OSI had not qnductedm.ipuatigation on me and 
! had, )given them. Their 
had only arrested me based on the statement that; - - - - - _ - - 7 7 - _ - - - - -  
investigation on me started when they began questioning me afrer my arrest. 1 know this 
because they did not present any evidence to me suggesting they had just cause t.0.Ke.s.t. 
me. There was no audio, visual, or physical evidence presented. They.had taken! 
L - - - - - - - - - 1  
, - - - - - - - - - - 
Ctatement and acted upon it, which in any court id kperica hiarsay is considered 
Li..  . . -. . - - 
rnadmissible and is not grounds enough to arrest anyone. ! -------- $ad stated that she had 
. 
seen me smoking marijuana with other members of my squadion at a'party she had 
attended. It was later revealed in the character statement by; .,...-..-..-.-. 
$hat I am 
submitting along with this letter that it was not me who shp saw ?mdiing the. marijuana. 
-- 
---------.- 
i was one of the people involved in smoking the marijuana and he wrote this 
-,  when 
a + r n . - - - - -  , , -., - - - - : - - - :dropped 

character statement for me in my defense. It clearly states that I was not at the party 
the marijuana was smoked. My commander at the time ., ,, captain 
the charge of wrongfully using mfijuana.  Tbe charge of ivro~gfu1Ty distnbutmg some 
quantity of hydrocodone ( b r a n b e  Vicodin) was the ~nlj!:&ie'&~t determined the 
punishment I received. The punishment which 1 accepted wilfngly 
stated in my paperwork was 14 days extra duty, forfeiture qf $339.@ pay, reduction in 
,  ,. . . 
grade to E-3 (airman first class) which was suspended, apd repaand.' 

, * I , -  -,  mid without dispute as 

*.--  --- 

..  . . 

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These punishments as stated before were accepted without,di~~ute 

from myself. I 

knew what I had done was wrong and was willing to a k p t  ahy pi$~hment that was 
handed to me. But what 1 was not expecting was to be kicked'out of the military after I 
had already accepted and preformed all punishment duties. h this way I truly feel that I 
was punished twiee for the same offense. Why I was discharged9arly was explained to 

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ithat he was told frog the base legal 

me by my ummltndei Captain I - - - - - - - - .- - - - - - - - - - 
office that this was the proper procedure for this type of incident:I 
then spoke with the 
legal office coudselors and they told me that it was my commandey's  decision alone to 
change my honorable to a general and to have me discharged. earl? bepuse punishment 
for me had already been handed down from the Article IS. Who thkn is dorrect with their 
statement, the legal counselors or my former commandet? -@:the legal counselors are right 
then why was I made to receive a second punishment for the same @erne  with such 
serious repercussions after havbg served all punishmenti without ~ebuttal or complaint? 

Along with this letter I am sending all of the character statements that 1 had 

collected from five of the Sergeants who worked with rixe and they all clearly state that if 
I had been allowed to stay in the Air Force that my advancqnentathrough both my career 
and the enlisted ranks would not be restrained in any way because of this single incident. 
I want to thank you for the opportunity to present dny ww to you and to ask you 
one more time to please upgrade my discharge to a full honorable so that one mistake I 
made when I was twenty-one will not follow me around for g y , q @   life. Thank you. 

. . . . . . . .  

.' 1 ; .  

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DEPARTMF,NT OF THF, AIR FORCE 

DETATCHMENT 2,412TH AIRCRAFT MAINTENANCE SQUADRON (AFMC) 

KIRTLAND AIR FORCE BASE NEW MEXICO 

FROM: Det 2,412 AMXSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for misconduct, 
specifically drug abuse.  The authority for this action is AFPD 36-32, Military Retirements and 
Separations (14 Jul93) and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.54 
(28 May 03).  If my recommendation is approved, your service will be characterized as General 
(Under Honorable Conditions) or Honorable.  I am recommending that your service be 
characterized as General (Under Honorable Conditions). 

2.  My reason for this action is that between on or about 1 Apr 02 and 30 Sep 02, you wrongfully 
distributed Hydrocodone (Vicodin), a schedule III controlled substance.  This wrongful 
distribution was discovered through an OSI investigation. For your actions you received 
punishment under  kticle 15 of the UCUT on 9 Feb 04.  (Atch A).  This action was subsequently 
placed in your UIF on 13 Feb 04. 

3.  When recommending your discharge, I also considered the following: 

a. On 4 Apr 00, you failed to report for duty at the prescribed time of 0230. Furthermore, you 

did not report to work until 0443 that morning, due to your oversleeping.  For your actions you 
received a Record of Individual Counseling (RIC), dated 5 Apr 00.  (Atch B) 

b. On 1 Jun 01, you failed to report for duty at the prescribed time due to your 0,versleeping. 

For your actions you received a IUC dated 1 Jun 01.  (Atch C) 

c. On 7 Jun 01 you lost one apex tool from your tool box, which was subsequently found on 

the hanger floor.  For your actions you received a RTC dated 8 Jun 01.  (Atch D) 

d. On 19 Sep 02 you failed to go to a Chemical Warfare refresher class due to your overslept, 

For your actions you received a RIC dated 20 Sep 02.  (Atch E) 

e. On 10 Jan 03 you failed to report for duty at the prescribed time due to your oversleeping. 

For your actions you received a RIC dated 10 Jan 03.  (Atch F) 

4.  Copies of the documents to be fonvarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the Air Force and, if you are 

FOR OFFICIAL USE ONLY 

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

5.  You have the right to consult counsel.  Military legal counsel will be obtained to assist you. 
The legal office will make an appointment for you to consult with an area defense counsel. 
You may consult civilian counsel at your own expense. 

6.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays from today unless you request 
and receive an extension for good cause shown.  I will send any timely written statements you 
give to me to the separation authority. 

7.  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. 

8. The Legal Office will obtain a mandatory medical examination for you at the 377th Medical 
Group (Family Practice). 

9.  Any personal infomation you furnish 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 or at the Area Defense 
Counsel's office, located at building 20361,8201 K Street, Kirtland AFB NM 871 17. 

10. Execute the attached Receipt of Notification Memorandum and return it to me immediately. 
(Atch G). 

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

Commander 

Attachments: 
A.  Article 15, UCMJ, dated 3 Feb 04 
B.  RIC, dated 5 Apr 00 
C.  RIC, dated 1 Jun 0 1 
D.  RIC, dated 8 Jun 01 
E.  RIC, dated 10 Sep 02 
F.  RIC, dated 10 Jan 03 
G.  Receipt of Notification Memorandum 

FOR OFFICIAL USE O M Y