NAME OF SERVICE MEMBER (LAST, FIRS1 MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

1 

INDEX NIJMBER 

A66.00 

IlEARlNC DATE 

CASE NUMBER 

I  ORDER APPONTING THE HOARD 

1 
2  1  APPLICATION  FOli REVIEW OF DISCIIAIIGE 

LETTER OF NOTII'ICA'I'ION 

PERSONAL APPEARANCE 

'I'AI'E  RECORDING 01'  I~F,IiSONAL APPEARANCE HE 

I 

30 Jan 2007 
.AJ'PUCAhT'S ISSUE AXD M E  BOARD S DECISIO>hL  RATIONAL ARE DISCCSSED O h  THE ATTACHED AIR FORCE DISCHAROE REVIEW  BOARD DECISION 4L RATION.UE 

FD-2006-00200 

I 

I 

I 

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 subinit an 
application to the AFBCMR 

I 1  Names and votes will  be made available to the applicant at the applicant's  request. 

550 C STMET WES.1'. SUI'.l'l? 40 
RANL)OI,PI I  AFH, TX 781 50-4742 

I 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW  BOARD 
1535 COMMAND DR. Eti WING. 3RD FI.OOR 
ANOREWS AFB, MD 20762-71HJ2 

I 

(EF-V2) 

Previous edition will be  used 

1 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00200 

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

The applicant was offcred 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  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.  Applicant contends discharge was incquitablc because it was too harsh.  The records indicated the 
applicant received an Article  15 for misconduct.  The Article  15 was administered for wrongful use of 
marijuana.  As a result, applicant was reduced in grade to Senior Airman and required to perform  14 days of 
extra duty.  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.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty pcrforn~ancc as documci~ted by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the 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 
dischargc 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 SRA)  (HGH SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF whiteman AFB, MO on 17 
Nov 04 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 3 Sep 79.  Enlmt Age: 19 11/12.  Disch Age: 25 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-94,  E-82,  G-92,  M-75. PAFSC: 3E051 -  Electrical Systems 
Journeyman. DAS: 29 May 00. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 25 Aug 99 for 6 yrs. Svd: 05 Yrs 02 Mo 23 Das, all AMS. 

b.  Grade Status:  SrA -  26 Oct 04 (Article 15, 26 Oct 04) 

SSgt -  01 Dec 03 
SrA -  25 Dec 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 26 Oct 04, Whiteman APB, MO  -  Article 112a.  You, did, 

at or near the state of Missouri, on or about 04 Sep 04, 
wrongfully use marijuana.  Reduction to S r A ,   and 14 days 
extra duty. (No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  none. 

g.  Record of SV: 25 Aug 99 -  15 Jan 01  Whiteman AFB  5  (HAF Dir) 

16 Jan 01 -  15 May 01  Whiteman AFB  5  (CRO) 
16 May 01 -  15 May 02  Whiteman AFB  5  (Annual) 
16 May 02 -  15 May 03  Whiteman AFB  5  (Annual) 
16 May 03 -  15 May 04  Whiteman APB  5  (Annual) 

h.  Awards &  Decs:  APAM, APTR, NDSM, AFLSAR, NCOPMER, AFOUA, AFGCM. 

i.  Stmt of Sv:  TMS:  (05) Yrs  (02) Mos  (23) Das 
TAMS: (05) Yrs  (02) Mos  (23) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 19 May 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. Five Enlisted  Performance Reports. 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE REVIEW BOARDS AGENCY 

DD Form 293, Application for the Review of 
Discharge or Dismissal from the Armed 
Forces of the United States Under Title 10 US 
,~odefi!553-) in the case ofl----------------- i 
- -....-..-.-..- 1. 

------------------- 

CASE NO. 

BRIEF IN SUPPORT OF DD FORM 293 APPLICATION FOR THE REVIEW OF 
DISCHARGE OR DISMISSAL FROM THE ARMED FORCES OF THE UNITED 

STATES UNDER TITLE 10 US CODE 81553 IN THE CASE OF 

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

1 .-.-. .-. .-. .. .-. .-- -- --- --- -- --> 

: in accordance with 10 U.S.C.  5 1553, has petitioned the Air 

Force Review Boards Agency (the "Agency")  to upgrade; - - - - - - - -, : 17 November 2004 General 
-------- 
(Under Honorable Conditions) discharge to a discharge under Honorable conditions. i . _ _ _ _ _ _  _I 

,-.-..-..- 

argues that the administrative determination that he was to be discharged with a character of 

service as Under Honorable Conditions, (General) was inequitable because the decision to 

discharge with that character was based on a single incident that was not in character with the 

preceding five years of outstanding service to the Air Force.  i -------- ipetitions this Review Board 

-..-.-.. 

to upgrade his Character of Service discharge to Honorable and remove from his permanent 

individual service record, now maintained at the Air Force Personnel Center, any and all 

documents containing references to the previous discharge characterization. 

The Board is invited to note that the service record reveals that there has never been a 

prior incident of misconduct by Mr.; - - - - - - _ i Accordingly, permitting this single incident to result 

-------- 

in not only an Article 15 reduction in rank and the stigma of a General Discharge to remain in his 

permanent record has caused irreparable hann to; - - - - - m a   :in his education and employment 

, - - - - - - - 

opportunities in the past and, if left uncorrected, will continue to cause injury. 

I. 

FACTUAL BACKGROUND 

On August 25, 1999 i - - - - - -;enlisted in the US Air Force for a period of five years.  He 

, - - - - - - - 

completed his basic training and advanced to technical training as an electrical systems 

apprentice, followed by Airman Leadership School.  He reported to his Unit, 509 Civil 

Engineering Squadron (ACC), Whitemen AFB, Missouri and served his entire enlistment at that 

command. 

During his nearly five year tenure at the command, he was evaluated five times through 

Enlisted Performance Reports ("EPR"),  copies of which are enclosed here and referenced herein 

as Exhibits 1 through 5. 

Apparently, on or about September 7,2004 Mr.: C . . - . - . . :submitted to a command sponsored 

,.-.- ..., 

unit drug sweep.  Approximately one week later, the command received notice from the 

approved testing laboratory of an allegation of positive drug test following the drug screening.  It 

was alleged that: ---------. 

i specimen tested positive for a controlled substance, THC.  His 

.-.-....-- 

command subsequently conducted an informal investigation ("Investigation")  under authority of 

Chapter 15 of the Uniform Code of Military Justice ("UCMJ")  supervised by OSI. The express 

purpose of this type of investigation is to determine the facts surrounding a possible UCMJ 

ihaction and recommend to the Convening Authority a course of action for final disposition of 

the charges. 

In the latter part of September, it was determined that there was a positive result 

indicating THC in[-------bnd 

------- 

his command began an administrative discharge proceeding, which 

was completed on October 26,2004 resulting in a discharge pursuant to AFI 36-3208. 

C .-....-.. I 

:last day with the Air Force was November 17,2004. 

11. 

PROCEDURAL BACKGROUND 

This is the first time that !-------has 

_. -. . . .I 

submitted an Application for the Review of Discharge 

or Dismissal, DD Form 293.  Accordingly, the Board will be inquiring into the merits of the 

Application de nova. 

The Air Force Review Boards Agency may hear cases from current and former service 

members who have suffered from either an error or an injustice. 10 U.S.C. §1552(a).  The Board 

has jurisdiction over this matter to examine the applicant's administrative discharge and to 

change the characterization of service and/or the reason for discharge based on standards of 

equity or propriety.  The Board will consider applications that have been timely filed within the 

statutory period and as prescribed in Air Force Instructions. 

IV.  DISCUSSION 

, - - - - - - - I  :invites the Board's attention to his record of achievement over the five years 
- - - - - - - 

preceding the unfortunate incident of September, 2004.  Mr.: 

I - - - - - - -  

!submits into evidence his five 

L.-..-.! 

Enlisted Performance Reports ("EPR's")  covering the period of his enlistment fiom 25 August 

1999 to 15 May 2004. ("Exhibits  1-5" attached hereto)  There is ample evidence contained in the 

EPR's to show that he was a model Airman for his entire enlistment. 

.------. 

Mr.: . ------ : , invites the Board's attention to his EPR dated 15 January 2001 in which he is 

rated a 5 by his electric shop NCOIC. He was the one of two airmen to receive this rating from 

among nine other three level airmen.  He was recognized for his as being the only electrician on a 

key command team, the High Use Facility Inspection Team that reduced routine job orders by 

75% and increased critical safety.  In this reporting period, he completed his crew development 

court in half the required time in order to begin attending college. 

During the subsequent reporting period ending 15 May 200 1, which he was reported on 

due to his eligibility for below the zone promotion consideration, he similarly was ranked all 

fives.  He was directly responsible for the rapid response to reroute power at a damaged nuclear 

weapons storage facility due to a toxic chemical spill. 

, - - - - - - . 
In the period reported on 16 May 2002 Mr,  ---- --, 

: showed his commitment to the 

community by his voluntary participation in Habitat for Humanity.  It goes without saying he 

evidenced more than ample mission focus by deploying to Oman in support of Operation 

Enduring Freedom, at which time he engaged in endless hours building the base in that Middle 

East locale. 

In the 1 5 May 2003 reporting period, Mr.:. -. . -. i was a five level electrician and was 

-------. 

responsible for repair of over twenty-five percent of the mission impacting electrical outages at 

Seeb AB in Oman in his second deployment to the Middle East.  For this Operation Iraqi 

Freedom deployment, he was by far the most knowledgeable electrician at his grade level as 

evidenced by his award of the Air Force Achievement Medal for his efforts. 

Mr. [ - - - - - - - - 
- -------- m 

ilast EPR of 15 May 2004 showed him to be a stellar performer yet again.  He 

was singled out by his command to attend the Airman Leadership School and complete the 

CCAF electrical degree with a GPA of 3.87.  He also completed his AA degree from State Fair 

Community College at that time.  Despite his time consuming education commitment, he was put 

in charge of all large test equipment in the electrical shop. 

CONCLUSION 

Based on the foregoing, : _ _ _ _ _ _  _ I  :asks the Board to upgrade his discharge characterization 

------- 

from Under Honorable Conditions (General) to an Honorable discharge.  In keeping with the 

statement that his transgression was an isolated incident, there is no record of any administrative 

action or non-judicial punishment during his enlistment.  It would be manifestly unjust to 

, - - - - - - . 
penalize Mr.  ------, 

:to this extent when there are other remedies available. 

Dated:  fl;LLf  ,2006 

DEPARTMENT OF THE AIR FORCE 
509TH CIVIL ENGINEER SQUADRON (ACC) 
WHITEMAN AIR FORCE BASE, MISSOURI 

MEMORANDUM FOR SRA I. -. -. -. -. -. -. -. . . . - - - - -. - - - - - - - - - - - - - - - - - J 
FROM:  509 CESICC 

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

I 

SUBJECT: Notification Memorandum 

1.  1 am recommending your discharge from the ~ k t e d  States Air Force for drug abuse. The 
authorities for this action are AFPD 36-32 and AFI 36-3208, paragraph 5.54.  If my 
recommendation is approved your service may be characterized as honorable or under honorable 
conditions (general).  I am recommending that your service be chamcterized as under honorable 
conditions (general). 

2.  My reason for this action is: 

a On or about 4 Sep 04, you wrongfirlly used marijuana.  For this incident, you received 

an Article 15, dated 26 Oct 04. 

3,  Copies of the documents to be forwarded to the separation authority in support of his 
recommendation are attached.  The commander exercising special court-martial convening 
authority 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 characterid.  If you are discharged 
you wiU be ineligible for reenlistment in the Air Force and any special pay, bonus, or education 
assistance funds may be subject to mupment, 

4.  You have the right to consult counsel. Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult ADC in Bldg 509 qn  Lj /u o\/ 04 
. You may also consult civilian c o w l  a~ your.own expew. 
at  \%'SOL 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by /Loo L/  4 P 0 U 
unless you request 
and receive an extension for good cause shown.  I will f o n k d  your statements to the separation 
authority. 

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

7.  You have been scheduled for a medical examination.  You must report to Family Practice at 

on 

fbr the examination. 

8.  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 in your unit's Orderly Room. 

For i?@kkrl U.e On& 

.(.'. 

9, Exacute the attached acknowledgment and return it to me immdately. 

Attachmmts: 
1.  Supporting documents-for  the reason for discharge 

a Article 15, dated 26 0ct 04 

2.  Documents containing derogatory infbrrrmtion-wbich  aro not listd in the notification 
let*  Nom. 

3.  Ainrraa's &pt 

of notification memorandum, datad q g + m  

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS 509TH BOMB WING (ACC) 

WHITEMAN AIR FORCE BASE, MiSSOURl 

F ~ l a d  &adz- 

MEMORANDUM FOR  509 BWICC 

1 1 Nov 04 

FROM:  509 BWIJA 
SUBJECT: ,&gaj -Re~ew of Administrative Dischmge - SrAi -. . -. . -. . -. . -. . . .-. i 

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

'.-.-..-..-..-..* 

: 509 CES 

. 

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

------------------- 

: initiated discharge action against Respondent, 
1.  The 509 CESICC, Major L- --- --- -- --- --- --- ---, 
SrAl-..-..-..-.-..---- for drug abuse.  I have reviewed the above-referenced action in accordance 
with AFI 36-3208, Administrative Separation ofAfrmen, Chapter 5, Section H, paragraph 5.54, 
and find it legally sufficient. 

2. Facts:  On or abut 4 Sep 04, Respondent wrongfully used marijuana For this incident, he 
received an Article 15, dated 26 Oct 04. 
3.  Unit Recommendatioq: The 509 CESICC recommends that SrA . i - - - - - -I i receive an under 
honorable conditions (general) discharge. 

------- 

4.  Member's Rca~onse: S ~ A ;  - - - - - - ~hnsulted counsel and submitted matters on his behalf.  In 
his statement, Respondent requests an honorable discharge, 

-------- 

a Bash:  AFI 36-3208 states that "drug abuse is bmpatible with military senrice and 

airmen who abuse dmgs one or more times are subject to discharge for misconduct." 
AFI 36-3208, paragraph 5.55.2.1,  provides that a member found to have abused drugs must be 
discharged unless the member presents evidence ------- 
that he meets the retention criteria contained in 
paragraphs 5 .55.2.1.1 through 5.55.2.1.7.  SrA  - - - - --;received an Article 15 for wrongful use of 
marijuana, and has'not presented evidence that he meets the seven criteria required for retention 
in the United States Air Force.  The presence in the military envitonment of persons who engage 
in drug abuse seriously impairs accomplishing the military mission and is a legally sufficient 
basis for discharge gdcr this d o n .  

b.  Sewicc Characterization; AFI 363208, paragraph 1.1 8.2,  states that an under 
honorable conditions (general) discharge is appropriate when an aiman's senrice has been 
honest and faithful but significant negative aspects of his conduct or performance of duty 
outweigh positive aspects of his military record.  Given Respondent's  drug abuse, an under 
honorable conditions (general) discharge characterization is appropriate. 

Global P o w o r  Amrcrica 

c.  Prowon and RehsbWtion:  IAW AFI 36-3208, para. 5.55.2.3,  and 7.2.6.7, 

Probation and Rehabilitation (PBtR) is not authorized if the reason for discharge is drug abuse. 
Therefore, SrA'------' 

:is not eligible for P&R in this case. 

-------. 

6.  O~tiona: As the special court-martial convening authority, you have the option to: 

a.  Direct that Respondent be separated with an under honorable conditions (general) 

discharge; 

b.  Recommend waiver of ~esjmndent's discharge to 8 AFICC under the criteria of 

AFI 36-3208, Section 6K, 

c.  Recommend Respondent be separated with an honorable discharge and forward this 

case to the general court-martial convening authority (8 AFICC) for action; or 

d.  Direct this case be reinitiated pursuant to the board hearing procedures of AFI 36- 

3208, Chapter 6, Section C, if you feel a discharge under other than honorable conditions 
(UOTHC) is wananted. 

7.  Recommendation:  I recommend you discharge the respondent, characterizing his service as 
under honorable conditioas (general), without an offer of probation and rehabilitation. If you 
agree, please si&n the attached correspondence and return this file to JA for further processing, or 
please advise us if you prefer an alternate disposition. 

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

7 

L.. 

---  ------------  - - - - - - - - - - - - - - - - - - - _ I  

CliicE Adverse Actions 

I concur with the above r e c o m m ~ o n .  

L ------------  *--* 

St&  Judge ~ h x t e  

-----*----+--,------- 

-------- 
Attachment: 
Discharge ~ a c k a g e l ~ r ~  
L . . -. . - .'