(LASI', 1;IKSI' M113131.E INITIAI.) 

TYPE  GEN 

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PERSONAL APPEARANCE 

G R A D E  

*IC 
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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RECORDREVIEW 

ADDRESS AND OR ORCANlZATlON OF COUNSEL 

MEMBER SITTING 

VOTE OF' THE BOARD 

IION 

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A 

Cib.N 

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lJOTHC 

I  OTHER 

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DrNY 

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ISSUES 

A92.35 
A94.05 

INDEX NUMBER 

A66.00 

EXHlBlTS SUBMITTED'L'O THE BOARD 

I  ORDER APPOINTING 'TIIE BOARD 
1  APPLICATION  FOR RL7VIIIW O F  DISCHARGE 

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2 

LETTER OF NUI'IFICA'I'ION 

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1 

1  CASE NUMBER 

PEKSONAI. APPEARANCE 

1  TAPE RECORDING 01 I.EKSONAL  APPEARANCE  Ill!  7 
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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. 

*  Reason and Authority 
+  Reenlistment Code 

1 

I 

550 C STKEET WEST. SIJITE 40 
RANDOLPH AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF THE AIR FORCE PRRSONNEL  COUNCIL 
AIR FORCE DISC1IART.E  REVIEW  BOARD 
1535 COMMAND OR, EE WINC,3RD FLOOR 
ANOREWS AFB, MD 20762-1002 

I 

(EF-V2) 

Previous edition will be  used 

A 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

LASE NUMBER 

FD-2006-00290 

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 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, 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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh and based on one isolated 
incident in 47 months of service.  The records indicated the applicant received an Article  15 for wrongiul use 
of Percocet, a Schedule I1 controlled substance.  The Board concluded the misconduct was a significant 
departure from conduct expected of all military members.  The characterizatio~~ of the discharge received by 
the applicant was found to be appropriate. 

Issue 2.  The applicant stated he was told his discharge would automatically be upgraded in six months. 
While a discharge may be upgraded after six months, the upgrade is by no means automatic.  A discharge is 
upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of 
discharge.  In this case, none was found, so the Board denied the appeal. 

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 110 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 AlC)  (HGH S U )  

1.  MATTER UNDER REVIEW:  Appl recfd a GEN Disch fr USAF Los Angeles AFB, CA on 
22 Dec 05 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge, and to Change the RE Code, Reason and Authority for 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 18 Jan 81. Enlmt Age: 20  6/12.  Disch Age: 2 4   11/12. Educ: HS  DIPL. 

AFQT: N/A.  A-34,  E-43,  (2-38, M-17. PAFSC: 8M000 -  Postal Clerk. DAS: 2 Oct 
04. 

b.  Prior Sv: (1) AFRes  31 Jul 01 -  14 Jan 02  (5 months 14 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A m  15 Jan 02 for 4 yrs. Svd: 03 Yrs 11 Mo 08 Das, all AMS. 

b.  Grade Status:  A1C -  09 Nov 05 (Article 15, 09 Nov 05) 

SrA -  15 Jan 05 
A1C -  15 NOV 02 

c.  Time Lost:  None 

d.  Art 15,s:  (1) 9 Nov 05, Osan AB,  Korea -  Article 112a.  You did, on 

or about 25 Nov 04, wrongfully use Percocet, a schedule 
11 controlled substance.  Reduction to AlC, and a 
reprimand. (No appeal) (No mitigation) 

e .   Additional: None. 
f .  CM:  None 

g.  Record of SV: 15 Jan 02 -  16 Oct 03  TyndalL AFB  4  (Initial) 

17 Oct 03 -  12 Jun 04  Tyndall AFB  5  (CRO) 
13 Jun 04 -  12 Jun 05  Osan AB 

5  (Annual) 

h.  Awards &  Decs:  NDSM, KDSM, GWOTEM, GWOTSM, AFOSSTR, AFGCM. 

i.  Stmt of Sv:  TMS: (04) Yrs  ( 0 4 )   Mos  (21) Das 
TAMS:  (03) Yrs  (11) Mos  (08) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02 Aug 06. 

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

Discharge) 

Issue 1:  My discharge was inequitable because it was based on one isolated 

incident in 47 months of service, which was one month before my seperation (sic) 
date, with no other adverse action. 

Issue 2:  The reason why I'm sending this form 8 months after discharge date 
is because nobody informed me about this form.  I was told that it automatically 
changes to honorable discharge after 6 months.  I'm trying to get a job at the 
local post office and thinking about rejoinning  (sic) the US armed force if 
possible so please help me upgrade my discharge as soon as possible.  Thank you. 

ATCH 
1. DD Forms 214  (Member 4&1) . 

DEPARTMENT OF THE AIR FORCE 

51ST COMMUNICKI'IONS SQUADRON (PACAF) 

UNIT 2078 

- 

APO AP 96278-2078 

MEMORANDUM FOR A1C 1..  . -. -. . . . -. -. -. . . . -. -. . . . ,. -. -. . . . -. -. -. . . . 

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

: SICS 

FROM: 51 CSICC 

SUBJECT: Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force based upon Drug Abuse. 
The authority for this action is AFPD 36-32, Military Retirements and Separations, and AFI 36- 
3208, Administrative Separation ofAimen,  Chapter 5, Section H, paragraph 5.54.  If my 
recommendation is approved, then your service will be characterized as Honorable or Under 
Honorable Conditions (General),  I am recommending that you receive an Under Honorable 
Conditions (General) discharge. 

2.  My reasons for this discharge action are as follows: 

You did, at or near Osan Air Base, ROK, on or about 25 Nov 04, wrongfully use Percocet a 

schedule I1 controlled substance.  In addition, you did not possess a valid prescription for 
Percocet.  For this misconduct, you received an Article 15, dated 9 Nov 05, and an Unfavorable 
Information File (UIF).  (Atch 1 a) 

3.  Copies of the document to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial 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.  Any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

4.  You have the right to consult legal counsel.  Military legal counsel is available to assist you. 
You have been scheduled an appointment at the Office of the Area Defense Counsel at Bldg 745 
at  o q o O  hours.  YOU  may consult civilian counsel at your own expense. 
on  12  DE C 

5.  You have the right to submit statements in your own behalf.  Any statements that you want 
the separation authority to consider must reach me by moo hours on  I3 QEC @s  (three duty 
days) unless you request and receive an extension for good cause.  I will forward any such 
statements to the separation authority. 

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

7.  You have been scheduled for a medical examination, You must report to the hospital at 

67 15 

hourson 

12  DEC  0 5  . 

8.  The Privacy Act of 1974 covers any personal information you furnish in rebuttal. A copy of 
AFI 36-3208 is available at the Orderly Room. 

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

Attachments: 
1.  Supporting documents 

a.  Article 15 w/atchs, dated 9 Nov 05 (7 pgs) 

2. Airman's Acknowledgment 
3.  Discharge under AFI 36-3208 Memorandum 
4. Personnel Information