NAME OF SERVICE hfEMBR:K (LAST, FIRST MIDDLE INII'IAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

- - - - - - - - - - - - -  
IT'PL GEN 

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

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORCANIZA ClON 

CoU@!! 

YES 

I 

No 
X 

I 

MEMBER SITTING 

' 
RECORD REVIEW 

X 
ADDRESS AND OW  ORCANlLATlON OF COUNbEL 

I 

-,  -  VOTE OF THE BOARD 

I ION  Ei7 ~ ' " ' ~ ' I ~ I E R , " - % ~ ~ - ~  

I 

ISSUES 

AOl.13 

( 

INDFX NIJMBEH 

A66.00 

exmmrn srrrrHim~n T& THE B ~ A R D  

(  1  (  ORDER APPOIN.I'ING THI'  HOARD 
1  2 

1  APPLICA'I'ION  FOR  REVIEW  OF DISCHAI(GE 

LETTER OF NOTIFICATION 

X*+ 

X*+ 

X*+ 

1  HEARING  DA.1-R 
24 J ~ l 2 0 0 7  
APPIJICM-~ [$SUE AND rN@ tiQARD'S  DXCt81QNAL RAVoNdL AREDlSCUSSED ON THE ATTACHED AIR FORCE, DISCHAROE REVIEW BQdW DKlSiONAt RATIONALE 

1  CASENUMBER 
FD-2006-00208 

PERSONAL APPEARANCE 

1 
I 

1  TAPE RECORDING OF PERSONAL APPEARANCE HE 
I 

t"S 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. 

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

* Reason and Authority 
+ Reenlistment Code 

550 C STMK'i  WEST, SUI'I'E 40 
RANDC)I.PH AFB, T X  781 50-4742 

L 

--- 

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL 
AIR FORCE DISCIIARGE REVIEW BOAHD 
1535 COMMAND DR. EE WING, JRD FLOOR 
ANDREW$ AFB, h l ~  

20162.7~102 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

I 

I 
I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATIONALE 

CASE NUMBER 

FD-2006-00208 

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

The  applicant  requested  a  personal  appearance  before  the  Discharge  Review  Board  (DRB)  and  was 
scheduled for an appearance on 24 Jul  2007 at Andrews  AFB but  he did not keep  the  appointment or 
call to rescl~edule. Therefore, his request was reviewed based upon the record and his submission. 

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

FINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are 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 there was an impropriety in his discharge because he was innocent of thc offense for 
which he was being discharged.  The records indicated the applicant received an Article  15 for wrongful use 
of marijuana.  The applicant contends that he was in a room where "inappropriate  behavior was on display," 
presumably meaning that other people were smoking marijuana.  He states that he was "immediately" 
submitted for a urinalysis which revealed negative results for the metabolite of marijuana.  I-Je states he was 
subjected to several random drug screens which were all negative for illegal substances.  He states he knows 
it was wrong to be in a room where this activity was occurring but denies taking part in it.  While the 
discharge documents in this case are missing, the DRB used the presumption of regularity in determining 
that the applicant's  chain of command had a solid basis for going forward with this discharge.  The DRB 
noted that the applicant chose to accept the offered Article 15 for marijuana use, rather than requesting trial 
by court-martial, and did not choose to appeal the Article  15 at the time it was given.  'The characterization of 
the discharge received by the applicant was found to be appropriate. 

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 AB)  (HGH A1C) 

MISSING DISCHARGE PACKAGE 

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr USAF Barksdale AFB LA on 18 
Apr  01 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge, and to Change the RE Code and Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Apr 81. Enlmt Age: 18 4/12.  Disch Age:  19 11/12. Educ: HS DIPL. 

AEQT: N/A.  A-41,  E-78,  G-76,  M-63, PAFSC: 4N031 - Medical Service Technician 
Apprentice.  DAS: 20 Sep 00. 

b.  Prior Sv:  (1) AFRes 02 Sep 99 -  22 Feb 00 (5 mos 21 days) (Inactive). 

3.  SERVf CE UNDER REVIEW: 

a.  Enlisted as AB 23 Feb 00 for 6 years. Svd: 01 Yrs 01 Mo 26 Das, all 

AMS . 

b.  Grade Status:  AB -  15 Mar 01  (Article 15, 15 Mar 01) 

A1C  -  Unknown 

c.  Time Lost:  None. 

d.  Art  15's: 

(1) 15 Mar 01 , Barksdale AFB, LA -  Article  112a.  You did, 
on or about 19 Dec 00 wrongfully use marijuana.  Reduced 
to AB.  (No appeal)  (No mitigation) 

e.  Additional: Unknown. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards  &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (07) Mos  (17) Das 
TAMS:  (01) Yrs  (01) Mos  (25) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln (DD Fm 293) dtd 22 May 06. 

(Change Discharge to Honorable, and Change the RE Code and Reason for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1.  Applicant's  issues. 
2.  DD Form 214. 
3.  Two DD Form 4. 
4.  Reserve Discharge Order. 
5.  AF Form 100, Discharge Order. 
6.  DEP Discharge Reason. 
7.  Training Order. 
8.  Letter to Congressman. 
9.  Letter from Senator Schumer. 

7.  SUPPORTING DOCUMENTS (X  as awlicable) (Please print name and Social Security Nvmbw on each document.) 

ARE  LISTED BELOW AND ARE AITACHED TO 'MIS APPLICATION:  (Continua w r plrln sheet of paper  If  mon, space Is needed.) 

H WILL NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVlCE RECORDS. 
DO  4/1  - 413 

a.  DOCUMENT 1: 

b.  DOCUMENT 2: 

I 

c.  WCUMENT 3: 

9F  FORM  1 0 0  

8.  ISSUES 

The Board will consider any issue subrnltted by you priw to closing the case for deliberation.  The Board will also review the c a M  to 

determine whether there am any issues that provide a basis for upgrading your discharge.  However, the Board is not required to respond in 
writing to issues of concern to you unless those issues are listed w  incorporated by specific reference below.  Carefully read the instructions 
that pertain to Block B prior to completing this part of the application.  I f  you need more space,  submit additional Issues on an attachment. 

I  I I HAM YSTEO ADDITKWAL ISSUES AS AN AlTACHMENT TO THIS APPLICATION. 
x  I WE AYIVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBM!TTEL 

I PREVIOUSLY SUBMIlTED AN APPLICATION ON  (Entw date) 
AND AM COMPLETING THlS FORM IN ORDER  TO SUQMIT ADDITIONAL ISSUES. 

I 

9.  CERTIFICATION 

I make the foregoing statements as part of my application with full knowledge of the penalties involved for willfully  makhg a false 

statement, (US. Code,  Title  18, Section 1 W 1. p-ovides that an InUiv/dual shall be thed under this tltle w Imprisoned not mws than 5 years, 
m both.) 

a.  DATE (YYWMMDD) 

I b.,.S!G.NATuF!.  . . . . . . . -t..  . -. -. . . . . . -. -. -. -. . . ., 

I 

I 

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2 0 0 ~  05 ZZ 
ZIL 

THIS APPLICATION TO APPLICABLE ADDRESS BELOW 

ARMY 

Army Review Boards Agency 
Support Dlvlslon, St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 

NAVY & MARINE CORPS 

Naval Council of Personnel Boards 
720 Kennon Street.  S.E. 

Washlngton Navy Yard,  DC 

AIR FORCE 

COAST GUARD 

SAFIMIBR 
550-[: Street West.  Suite 40 
Randolph AFB,  TX  781 50-4742  Washlngton, DC  20593-0001 

Commandant (G-WPM) 
2100 Second Street, S.W. 

OD FORM 293, DEC 2000 

Page 2 of 4 Pages