AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MLDDLE INITIAL) 

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L . . - . . - . . - . . . . - . . - . - - - - - - - - - - - - - ~  

1  C M D E  

AB 

1  AFSNISSAN 
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PERSONAL APPEARANCE 

NAME O F  COUNSEL AND OR ORGANIZATION 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION O F  COIINSEL 

rYPE  GEN 

'OUNSEL 

YES 

No 

X 

MEMBER SITTING 

VOTE OF THE BOARD 

HON 

GEN 

UOTHC 

OTHER 

DENY 

- 

I 

X 

X 

- m 

INDEX NUMBER 

A66.00 

I 
I 
EXHIBITS SUBMITTED TO THE BOARD 

I 

I 

1 
2 
3 
1  4 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW O F  DISCHARGE 
LETTER O F  NOTIFICATION 
I  BRIEF O F  PERSONNEL FILE 

COUNSEL'S RELEASE T O  THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING O F  PERSONAL APPEARANCE HE 

HEARING DATE 

CASE NUMBER 

30 Jan 2007 
APPLICANT'S  ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00266 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance withiwithout counsel, 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. 

.------  --- 

TO: 

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

INDORSEMENT 

FROM: 

SAFlMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

----, --- 

I 

DATE:  2/7/2007 

SECRETARY OF THE AIK FOKCE PERSONNEL COUNCIL 
AIRFORCE DISCHARGE  REVIEW BOARU 
1535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

( E F - ~ 2 )  

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00266 

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  that  neither  the  evidence  of  record  nor  that  provided  by  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

ISSUES:  Applicant received a General discharge for Misconduct--Drug Abuse. 

Issue  1 :  Applicant contends discharge was inequitable because it did not take into account the good things 
he did while in the service.  The records indicate the applicant received an Article 15 for wrongful use of 
marijuana.  He was reduced in grade to Airman Basic and performed thirty days of extra duty.  The Board 
took note of the applicant's duty performance as documented by his performance reports, letters of 
recommendation and other accomplishments.  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 cites he made a bad decision that caused his discharge; he has learned from his mistake 
and attempting to improve his life, but having difficulty finding employment and obtaining acceptance in 
some colleges.  The Board was sympathetic to the impact of the discharge on the applicant, but this is not a 
matter of inequity or impropriety 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 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 AlC) 

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

2.  BACKGROUND: 

a. DOB: 6 Apr 83.  Enlmt Age: 19 5/12.  Disch Age: 20 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-69,  E-62,  G-42,  M-52. PAFSC: 2F031 -  Fuels Apprentice. 
DAS: 12 Apr 03. 

b.  Prior Sv: (1) AFRes 3 Oct 02 -  17 Dec 02  (2 months 15 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Dec 02 for 6 yrs. Svd: 00 Yrs 08 Mo 29 Das, all AMS. 

b.  Grade Status:  AB  -  18 Aug 03  (Article 15, 18 Aug 03) 

A1C -  31 Jan 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 18 Aug 03, Shaw AFB, SC -  Article 112a.  You did, 

within the continental United States, between on or 
about 7 Jun 03 and on or about 7 Jul 03, wrongfully use 
marijuana.  Reduction to AB.  Suspended forfeiture of 
$500.00 pay per month for 2 months.  Thirty days extra 
duty.  (No appeal) (No mitigation) 

e.  Additional: None. 
f .  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (00) Yrs  (11) Mos  (14) Das 
TAMS: (00) Yrs  (08) MOS  (29) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 11 Jul 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 .   Response to Article  15  Proceeding. 
3.  Three Character References. 
4. Recognition for Outstanding Dress and Appearance. 
5. Certificate of Appreciation. 

To Whom It May Concern: 

When I was discharged from the Air Force,  it was not because I was a bad 
troop.  It wasn't because I had a bad attitude. Nor was it because of bad 
conduct. I would've  considered myself an excellent troop. I graduated as 
element leader of my flight from boot camp and as class leader from technical 
school.  I was recognized on two occasions during the First Term Airman's  Course 
on base.  I have included copies of these two documents with this letter. Also 
included is a certificate of appreciation from Cherryville Elementary where I  -.-- - 
participated in a program-to  aid students during  PACT Testing. I have also 
decided to send copies of my response to the Article 15 proceedings as well as 
my supervisors character reference letter. We  all make bad decisions throughout 
our lives. One of mine happened to cause me to be discharged. But I have since 
learned from this mistake and am attempting desperately to improve my life. 
Doing so has been rather difficult due to having a General (under honorable) 
Discharge. This has hindered me from being able to obtain better employment as 
well as acceptance to some colleges. Though I realize that these are but 
consequences of my actions,  I hope to rise above my past. I also hope that youll 
consider my request and take my statements seriously.  Doing so would assist me 
greatly. I trust that youll make the appropriate decision, Thank you for taking 
the time to read this letter. 

Sincerely, 
------------------------------------------------------. 

@ 

--w=l66 

DEPARTMENT OF THE AIR FORCE 

20th FIGHTER WING (ACC) 

SHAW AIR FORCE BASE SOUTH CAROLINA 

MEMORANDUM FOR  AB L, ,.,.,.  ,.--.. . . . . ,. .. . . -- -. . -. . -. .:,  20 LRS 
FROM:  20 LRSICC 

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

SUBJECT Notification Memorandum 

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, paragraph 5.54. If my recommendation is approved, your service will be 
characterized as honorable or general. I am recommending that your service be characterized as general. 

2.  My reason for this action is that between on or about 7 Jun 03 and 7 Jul03, you wrongllly used marijuana.  For 
this misconduct, you received an Article 15 on 18 Aug 03. 

3.  Copies of the documents to be forwarded to the separation authority in support of this recommendation are 
attached  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 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 

for you to consult the Shaw Area Defense Counsel at 321 Cullin Street, Suite 300 on fi Aug 03 at 

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

5.  You have the right to submit statement in your own behalf. Any statements you want the separation authority to 
consider must reach me within 3 workdays unless you request and receive an extension for good cause shown. I will 
send them 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 right to do so. 
7.  You have  en scheduled for a medical examination. You must report to the Shaw AFB medical facility at d&b 
hours on 3f  Aug 03 for the examination. 

8.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974. A copy of AFI 36-3208 
is available for your use in the orderly room. 

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

i 

. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a  

Commander 

Attachments: 
1. AF Form 3070,lS Aug 03 (Tab 4) 
2.  ROI, 29 Jul03 (Tab 4) 
3.  Airman's receipt of notification memorandum (Tab 5)