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'OUNSEL 

VI.:S 

No 

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AIR FORCE DISCHARGE REVIEW BOAlRD HEARING RECORD 

1  GRADE 

PERSONAL APPEARANCE 

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N4ME OF COIINSEL AND OR ORGANIZATION 

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RECORDREVIEW 

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ADDRESS AND OR ORGANILA I  ION O F  CnllNSEL 

MEMBER SITTING 

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A93.23 

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INDEX  NUMBER 

A66.00 

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EXHIBlTS S~!BM~~'"I"EL) 

TO THE BOARD 

I  ORDER APPOIN'I'ING  THE BOARD 

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2  1  APPLICATION  FOR  REVIEW  OF DISCHARGE 
3 
4 

LETTER OF NO1 IFICATION 
HRIbF OF  1'b.KSC)NNEL  FILE 
COUNStI.'S  RhLEASE TO THE BOARD 
ADDITIONAL BXHIBI'I S SUBMITTED AT TIME 01. 
PERSONAL APPEARANCi- 

HEARING UAI'E 

CASE NUMBER 

TAPE RECORDING  OF PERSONA1  APPEARANCE HE 

25 Jan 2007 
APPLICAWT'$ ISSUE AND TIlE BOARD'S  DECISIOUAI  RAllON4I. ARE DISCI:SSFD  ON THE ATTACHED AIR FORCE DISCHARGE RIi\'lEU BOARD DECISION 41.  RATIONALE 

FD-2006-00223 

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1  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 submit an 
application to the AFBCMR 
1  Names and votes will be made available to the applicant at the applicant's  request. 

SATIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY OF THE AIR FORCE PhHSONNISI.  COIJNCIL 
AIR  FORCE DISC1IART.E REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD hLOOH 
ANDREWS AFB, MD 20762-7002 

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AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NllMBER 

FD-2006-00223 

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

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 leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The Board finds the applicant submitted 110  issues contestiiig the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify a change of 
discharge. 

ISSUE: 

Issue  1.  Although not explicitly stated, applicant contends his discharge was inequitable because it was too 
harsh.  The records indicated the applicant had a Special Court Martial, received an Article  15, a Letter of 
Rcprimand, and three Records of Individual Counseling for misconduct.  Applicant had a Special Court 
Martial for wrongful use of marijuana.  He was sentenced by a military judge and punished with a reduction 
in grade to Airman Basic, 45 days confinement and forfeiture of pay for two months.  He had additional 
misconduct and received an Article 15 for failure to go to appointed place of duty.  He was reduced in grade 
to Airman First Class.  His record also indicated he had been administratively  disciplined for being late for 
work and financial irresponsibility.  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 froin 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 has a good job as an electrician. 
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. 

CONCLUSIONS:  The Discharge Review Board coilcludes 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 SRA) 

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1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Barksdale AFB, LA on 21 
Sun 02 UP AFT 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorale 
Discharge. 

2.  BACKGROUND: 

a. DOB: 17 Oct 78.  Enlmt Age: 19 6/12.  Disch Age: 23 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-76,  E-79,  G-78,  M-46. PAFSC: 2A157 -  Electronic Warefare Systems 
Journeyman. DAS: 12 Jun 01. 

b.  Prior Sv: (1) AFRes 2 1  Apr 98 -  12 May 98 (22 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 13 May 98 for 6 yrs. Svd: 04 YrS 01 Mo 08 Das, of which 

AMS  is 3 Yrs 11 Months 23 Days  (excludes 1 month 15 days lost time). 

b.  Grade Status:  AB -  30 Apr 02 (SPCMO No.10, 19 Jun 02) 
A1C -  18 Apr 02 (Article 15, 18 Apr 02) 
SrA -  27 Oct 00 
A1C -  27 Jun 98 

c.  Time Lost:  45 days  (1 month 15 days). 

d.  Art  15's:  (1) 18 Apr 02, Barksdale AFB, LA -  Article 86.  You did, on 

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or about 5 Apr 02, without authority, go from your 
appointed place of duty, to wit: 11 Bomb Squadron 
Specialist Flight, hanger 10.  Article 107.  You did, on 
or about 5 Apr 02, with intent to deceive, make to TSgt 
: ........... ......,.... :I 
"had a hospital appointment at 083OI1l or words to that 
effect which statement was totally false, and was then 
known by you to be so false.  Reduction to A1C. 
(No appeal)  (No mitigation) 

'  an official statement, to wit: that you 

e.  Additional: LOR, 23 APR 02 -  Late for work. 

RIC, 20 AUG 01 -  Financial irresponsibility. 
RIC, 12 J U L   01 -  Late for duty. 
RIC, 06 J U L   01 -  Late for duty. 

f.  CM:  Special Court Martial Order No.10 -  19 Jun 02 

CHARGE:  Article 112a.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, on one or more occasions, at or near 

Shreveport, LA, from on or about 29 Sep 01 to on or about 15 Nov 
01, wrongfully use marijuana.  Plea:  Guilty, except the words "on 
one or more occasionsu; to the excepted words Not Guilty. 
Finding:  Guilty, except the words "on one or more occasionsu; to 
the excepted words Not Guilty.  Sentence adjudged by military 
judge on 30 Apr 02:  Confinement of 45 days, forfeiture of $ 7 3 7 . 0 0  
pay per month for 2 months, and reduction to AB. 

g.  Recqrd of SV: 13 May 98 -  15 Jan 00  Moody AFB  5  (HAF Dir) 
5  (Annual) 

16 Jan 00 -  15 Jan 01  Osan AB 

h.  Awards &  Decs:  AFTR, NDSM, AFLSAR, AFOUA, AFGCM. 

i.  Stmt of Sv:  TMS:  (04) Yrs  (00) Mos  (16) Das 
TAMS: (03) Yrs  (11) Mos  (23) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 07 Jun 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. Character References. 

- - 

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qplied for, and v&  graded. a h d -  

I,; ............. 1:;  am-Upndeofwdisc~ 
19 t h ~  ~1 
of 2000. while statroncd st Qsaa AB, ROK, I found out, though thu Red Cross, that my mother was losing 
her bath witb bmst amm. I imm-Iy 
reassignment to 
Barksdalt AFB, la Unfivrtuoately, while in toutt my motha passed away. This took a toll on my mental 
health and caused me to m&a  some dceisiws that and an adverse affect on my personal life as well my 
military career. W to my moth#'s  passing, my records iodicats exemplary d c e  to my coun&y. I am 
cltmrrtly employed at Union Pacific Rail Road as an electrician. I was able to attain this job due to the 
training I received while on active duty. Since bdmg employed a Union Pacific I have been an ideal 
employee aad am curre& 
education  I fee1 that an upgrade in my discbarge status would allow me excel to even higher levels with 
the company.  I humbly ask that you w d d  consider my case. 

in h e  for a promotion.  In the pursuit of my promotion 1 am also Whesing my 

F 

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ARMY 

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Army Rcviwr b r d r  Agancy 
Supper: Dkirion. St. L ~ u i s  
9700 Pea6 Averws 
S:.  Louis, MO 83132.5200 
(SpO http:II~lbk~rmy.n9~t~n.W) 

AIR FORCE 

A I ~  Force Roviaw BP1Fds k&arcy 
S ~ F I M R ~ ~  
55a-C Sun3 W I ~ .  SUIU 40 
Rando!ph  AFfj, 7 X  78:50-47-32 

DD FORM 293, MAR 2004 

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MNL COMPLETED APPUCATIONS  10 APPROPRIATE  AOl~hESs kEit)W 

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713 h W W r r  5(1oei. 5.S. 
Room 309 IEuGSB, 
WaGhir-#on  &okv 'ra~d, DC  20371-5023 

COAST GUARD 

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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 20 BOMB WING (ACC) 

BARKSOALE AIR FORCE BASE, LOUISIANA 

FROM:  11 BSICC 
SUBJECT:  Notification Letter - Administrative Discharge 

1.  I am recommending your discharge from the United States Air Force for Drug Abuse.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, para 5.54.  If my recommendation is 
approved, your service may be characterized as under honorable conditions (general). 

2.  My reasons for this action are as follows, between 29 Sep 0 1, and 15 Nov 01, you wrongfully 
used marijuana, as evidenced by Court ~artial: (Tab A). 

3.  Copies of the docurnent(s) referenced above have been attached and will be forwarded to the 
separation authority in support of this recommendation.  The commander exercising SPCM 
jurisdiction 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 characterized.  If you are discharged, 
you will be ineligible for reenlistment in the Air Force. 

'4.  You have the right to consult military counsel.  Military legal counsel, Capti , . . . . . . . . . -. -. : Area 
Defense Counsel (ADC) for Barksdale AFB, Extension 6-8355, Building 47 14 (gym annex 
building), third floor, has been obtained to assist you.  An appointment has been scheduled for 
you to consult with the ADC on  Y rumt 32 at  0 9  00  hrs.  You may consult civilian 
counsel at your own expense. 

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

5.  You have the right to submit statements in your behalf.  Any statements you want the 
separation authority to consider must reach me within three (3) duty days, unless you request and 
receive an extension for good cause.  I will send any statements that you provide to the separation 
authority. 

6.  If you fail to consult counsel or fail to submit statements in your behalf, you will waive the 
right to do so. 

7.  You have been scheduled for a medical examination.  You must report to Flight Medicine 
with your medical records for the appointment.  Your appointment is on 3 S.cJ  aZ at 
0 @t 

hrs. 

8.  You have been scheduled for a Pre-separation Counseling briefing.  You must report to the 
Family Support Center, Bldg 47 13, at  O 8W  on  L ~ U J  Qfor  the briefing. 

8.  You have been scheduled for a Pre-separation Counseling briefing.  You must report to the 
Family Support Center, Bldg 47 13, at 

for the briefing, 

on 

9.  Any personal information that you furnish in rebuttal is covered by the Privacy Act of 1974. 
A copy of AFI 36-3208, the MI governing this case, is available for your use in your unit 
Orderly Room. 

10.  Execute the attached acknowledgement and return it to me immediately. 

Attachments: 

1.  AcknowledgrnentlReceipt of Notification of Memorandum 
2.  Supporting Document (Tab A-E)