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AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

AFSNISSAN 

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NAME OF SERVICE MEMBER (LAW, FIRST MIDDLE INITIAL) 
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TYPE  GEN 

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PERSONAL APPEARANCE 

GRADE 

AMN 
X  I 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

HON 

GEN 

UOTHC 

OTHER 

DENY 

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ISSUES 

A92.35 
A94.05 

1  HEARING  DATE 

EXHIBITS SUBMITTED T O  T H E  BOARD 

I  ORDER APPOINTING THE BOARD 

1 
2 
3  1 

AI'PL.ICA'I'I0N  FOII REVIEW OF L)ISCHARGE 
I.F..I"I'F.K OF NO'I'IFICA'TION 
BRIEF OF PEKSONNEI, P1I.F. 

PERSONAL APPEARANCE 

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

SAFIMRRR 
550 C: S'I'KEEI'  WEST, SUITE 40 
RANDOLPH AFB. 'TX  781 50-4742 

AFBQ FORM 0-2077, JAN 00 

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.(ISC'Hbl~AHY OF THIS A 
AIR FORCE DISCHARC 
1535 COMMAND DR, EE 
ANI)uEWS  AFH. MI) 211762.71~1~ 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMRER 

FD-2006-00226 

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 thc 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: 

Applicant contends discharge was inequitable because it was too harsh and based on one isolated incident. 
The records indicated the applicant received an Article  15 for misconduct.  The Article 15 was for wrongful 
use of marijuana.  He was punished with a reduction in grade to Airman and 30 days of extra duty.  The 
Board concluded the applicant's  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. 

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 AMN)  (HGH SrA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Whiteman AFB, MO on 16 
May 02 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Oct 78.  Enlmt Age: 18 2/12.  Disch Age: 23 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-44,  E-47,  G-53,  M-32. PAFSC: 2A752 -  Nondestructive Inspection 
Journeyman. DAS: 10 Jul 00. 

b.  Prior Sv:  (1) AFRes 13 Jan 97 -  16 Dec 97 (11 months 4 days)(Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 17 Dec 97 for 4 yrs.  Extension of Enlistment as a 

result of 9/11 STOP LOSS. Svd: 04 Yrs 05 Mo 00 Das, all AMS. 

b.  Grade Status:  A m  -  29 Apr 02  (~rticle 15, 29 Apr 02) 

SrA -  17 Dec 00 
A1C -  17 Apr 99 
Amn  -  17 Jun 98 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 29 Apr 02, Whiteman AFB, MO -  Article 112a.  You, did, 
between on or about 14 Feb 02 to on or about 29 Mar 02, 
wrongfully use marijuana.  Reduction to Airman, and 30 
days extra duty.  (No appeal) (No mitigation) 

e.  Additional: None. 

f .   CM:  None. 

g.  Record of SV: 17 Dec 97 -  16 Aug 99  RAF Lakenheath  4  (Initial) 

17 Aug 99 -  02 May 00  RAF Lakenheath  5  (CRO) 
03 May 00 -  02 May 01  Whiteman AFB 

5  (Annual) 

h.  Awards &  Decs:  AFTR, AFLSAR, AFOUA W/2 DEVS, AFGCM, NDSM. 

i.  Stmt of Sv:  TMS: (05) YrS  (04) Mos  (04) Das 
TAMS: (04) Yrs  (05) Mos  (00) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 10 Jun 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. Medical History Report. 

m-- 

Wrh6 

PWRTINO DOCUMENTS (X es epplicable) /Pleesa print name and Social Security Number on each document.) 

U WIU NOT BE SUBMIlTED.  P l U L  COMPU3E REVIEW WED  ON AVAUBU SERVICE RECORDS. 
X I ARE  U S E D  BELOW AND ARE ATIACHED TO  THIS UNCATION: ( C ~ t b w ,  on  p*h s h ~ t  0 f p . p ~  Hmor*  W#E# k m#d*d.) 

b.  DOCUMENT 2: 

c.  DOCUMENT 3: 

#. 

f i s t -  S ~ v v i c e  C D ~ W +  

ed i ~d 

Rc~or+s 

edwa+ioru 1 

achieve men* 

8.  ISSUES 

The Board will conslder any issuo submitted by yo"  prior to closing the case for deliberation.  The Board will also review the case to 

determine whethor there are 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 or incorporated by specific reference below.  Carefully read the Instructions 
that pdrtain to Block 8 prior t o  completing this part of the epplication.  If you need more space,  submit additional imues on an nttechment. 

I HAve USTED ADDITIONAL 

_  .  .*-  _.A- .  . 

_ 

ISSUES AS AN ATTACHMENT TO THIS  APPUCATION. 
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-, -.-- 

. . 

I PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter data] 
AND Ah4  COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 

1 THE ABOVE ISSUES SUPERSEDE ALL PRMOUSLY SUBMITTED. 

1 

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-L-r  ..,._,..-- "-C -  ---  -  +------ 

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9.  CERTIFICATION 

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

statement. U S .  Code,  Title 18, Section  1001,  provides that an individual shell be fined under this title or imprisoned not more than 5 years, 
or both.) 

a.  DATE IYWYMMDD) 

b.  SIGNATURE 

20%  06 10 

C 

UPON 

COMPLETION,  MAIL THIS APPLICATION TO APPLICABLE ADDRESS BELOW 

--.--.----- 

ARMY 

NAVY & MARINE CORPS 

AIR  FORCE 

COAST GUARD 

Army  Review Boards 'Iency 
Support Division,  St.  Louis 
AlTN:  SFMR-RBR-SL 
9700 Page Avenue 
St,  LOUIS,  MO  $3 132-5200 
DD FORM 293, OCT 1997 

Naval Councilof P e r ~ m l  Board* 
Bldg.  36 - Washington NaW Yard 
901 M Street,  S.E. 
Washln~ton, DC 20374-5023 

. 

SAFIMIBR 
660-c  street west,  suita 40 
Randolph AFB,  TX  781 50-4742 

Commandant (WPM-60) 
US. Coast Guard Headquarters 
Washington,  DC  20593-0001 

Page 2 of 4  Pages 

4 

Post Service Conduct 

Mer my discharge in May of 2002, I went to work for Kansas City coring and 

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

cutting is;-. .-. .-. .-. .-. .-. 

cutting where I passed a drug test in June of 2002, and worked in the local laborer union. 
I worked in the local 264 laborm' 
international union of North America, The phone # at 
: Unfortunately on Aug.  17,2002 I totaled my S- 
KC- coring 
10 and was left paralyzed from the waist down. I was in the hospital for 3 months and 
now permanently in a wheelchair. I moved to St. Louis in Jan. of 2003 where I did 
fof 3iytaks~getting back Whatever I could, Ih May of 2006 I moved 
physjcaf 
home to Ohio where I purchased a vehicle, looking for a job,  and just getting back into 
everyday life activities. The last few years of my life have been extremely difficult. I 
have enclosed a summary of my injury from my doctor in St. ]Louis. 

e 

DEPARTMENT OF TEIE AIR FORCE 

509th MAINTENANCE SQUADRON (ACC) 
WHITEMAN AIR FORCE BASE, MISSOURI 

e 

~ ~ & - m = G  

MAY 

9  2U2 

MEMORANDUM FOR Amn Matthew J. Leatherman, 280-86-1686 

FROM: 509 MXSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge fiom the United State Air Force for drug abuse.  The 
authorities for this action are AFPD 36-32 and MI 36-3208, paragraph 5.54 . If my 
recommendation is approved your sexvice may be characterized as honorable or under honorable 
conditions (general).  I am recommending that your service be characterized as under honorable 
conditions (general). 

2.  My reasons for this action are: 

a.  Between 14 February 2002 to on or about 29 March 2002, you wrongfully used 

marijuana.  For this incident you received an Article 15 dated 3 May 2002.  (attch 1 a) 

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 sewice will be characterized.  If you are discharged 
you will be ineligible for reenlistment in the Air Force and any special pay, bonus, or education 
assistance funds may be subject to recoupment. 

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 Captain Bengs in Bldg 509 on 
at 

. You may dso consult civilian counsel at your own expense. 

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  090 0 ! I 5 hh'?-ess 
you request 
and receive an extension for good cause shown.  I will forward 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 Physical Exams at 
0 8 

oq  I Q t?hY 0 h for the examination, 

Global Power for America 

8.  Any personal information 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's Orderly Room. 

9.  Execute the attached acknowledgment and return it to me immediately. 

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

a.  Article 15, dated 3 May 02. 

Commander 

2. Documents containing derogatory information --which are not listed in the notification 
memorandum: None. 
3. Airman's receipt of notification memorandum, dated  MAY  9 m