NAME OF SERVICE MEMBER (LAST, FIKS'I' M1L)L)I.E INI'I'IAI,) 

C:RAL)B 

AFSNISSAN 

AIR FORCE DISCIIARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

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RECORD HEVlEW 

NAMR!  O F  C O I I N S I I .  ANI) O H  OH(;ANI%A'I'ION 

AV1)RESS  ANI) O K  OH(;ANI/.Nl'ION  01 COllNSF:I. 

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MEMBER SITTING 

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VOTE OF THE BOARD 

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G E N  

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DENY 

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I S S U E S  

A01.07 

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INIBEX  N I I M I W H  

A66.00 

1  C A S E  N I I M B E R  

EXHIBITS SUBMITTED TO THE BOARD 

I  ORDER APPOINTING TI lr!  13OAKI) 
1  APPLICATION FOR  RIIVIIhC'lSIONAI,  HAl'IONA1.E 

FD-2006-00371 

Casc hcard in Washington, D.C. 

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Advise applicant of the decision ofthc Board, thc right to a personal appearance withlwithout counsel, and the right to submit an 
application to the AFBCMR 
1  Names and votes will be madc available to the applicant at the applicant's request. 

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INDORSEMENT 

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SAFIMRBR 
550 C STREET WEST, SSLIII. 40 

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DATE:  3/5/2007 

I H O M :  

1 

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S E C R E T A R Y  O F  T l l E  A I R  F O R C E  P E R S O N N E L  C O U N C I L  
A I R  F O R C F   DISCIIARC'  R F \  IF.\\'  B O A R D  
I535 C'Ohl\l  \ \ I >   1)U.  k'k  \\1\(;,3UI) 
A N U R E W S  ARB.  M D  20762-7002 

b l  O O U  

A I'11Q FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will he used 

AIR FORCE DISCHARGE HRVTEW BOARD IIECISIONAL RATIONALE 

h 

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

CASE NIIMBER 

FD-ZUU6-OU371 

The applicant was offered a personal appearance before the Discharge Review Board (DRB)  but declincd to 
cxcrcise this right. 

'l'hc  attached brief contains available pertinent data on the applicant and thc factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The  Board  finds  that  neither  [he  evidence  of  record  nor  that  provided  by  thc  applicant  substantiates  an 
inequity or impropriety that would justify a change of discharge. 

ISSUE: 

Applicant contends that the incidents pertaining to his discharge occurred three years prior to his discharge 
and two years prior to the investigation.  He also states that Article 43 of Uniform Code of Military Justice 
states that a person charged with an offense is not liable to be punished under section 8 15 of that title 
(Article  15) if thc offense was comnlittcd more that two years before imposition of punishment.  The rccord 
indicates that through an Air Force Office oS Special Investigation (AFOSI) investigatioa  it was revealed 
that the applicant did on divers occasion wrongfully use marijuana.  The applicant himself admitted that he 
did use marijuana on two occasions and reccived a Letter of Reprimand.  The applicant was discharged 
under Air Force Instruction 36-3208, Administrative Separation of Airmen, paragraph 5.54, Drug Abuse, 
which states that "dr~lg abuse is incompatiblc with military service and airmen who abuse drugs one or inorc 
times are subject to discharge for miscond~lct". The Board concluded that the issue submitted by applicant 
did not have merit 011  his case and found misconduct was a significant departure from corlduct expected oS 
all military members.  'l'he  characterization of the discharge received by the applicant was found to bc 
appropriate. 

CONCLUSIONS: 
'The  Dischargc  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  oi'  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 iindings 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 BrieS 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former SRA) (HGH SRA) 

1.  MATTER  UNDER REVIEW:  Appl recld a GEN Disch fr USAF Sheppard AFB, TX on 19 
Sep 03 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 1 Aug 76.  Enlmt Age: 21 3/12.  Disch Age: 27 1/12. Educ: HS DXPL. 

AFQT: N/A.  A-76,  E-76,  G-86,  M-79. PAFSC: 4Y032 -  Dental Laboratory 
Apprentice.  DAS: 19 Apr 03. 

b.  Prior Sv:  (1) AFRes 14 Nov 97 -  12 Jan 98 (I month 29 days) (Inactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 13 Jan 98 for 4 years.  Extended on 22 Feb 02 for 23 

months. Svd: 5 Yrs 08 Mo 07 Das, all AMS. 

b.  Grade Status:  SrA -  13 Jan 01 
A1C -  15 May 99 
A m  -  15 Jul 98 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR, 02 MAY 03 - Wrongfully used marijuana. 

f.  CM:  None. 

g.  Record of SV: 13 Jan 98 -  12 Sep 99  Robins AFB  5  (Initial) 

13 Sep 99 -  28 May 00  Robins AFB  5  (CRO) 
29 May 00 -  28 May 01  Robins AFB  5  (Annual) 
29 May 01 -  31 Mar 02  Robins AFB  5  (CRO) 

h.  Awards &  Decs:  AFAM, AFTR, AFLSA, NDSM, AFOUA, AFGCM. 

i.  Stmt of Sv:  TMS: (05) Yrs  (10) Mos  (06) Das 
TAMS:  (05) Yrs  (08) Mos  (07) Das 

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

(Change Discharge to Honorable) 

Issue 1:  My discharge was improper due to the fact that the incidents 

pertaining to my discharge occurred three years prior to my discharge and more 

than two years prior to the investigation.  Article 43 of the UCMJ states that a 
person charged with an offense is not liable to be punished under section 815 of 
this title  (article 15) if the offense was committed more that two years before 
the imposition of punishment. 

ATCH 
1.  Four EPRs. 
2.  Certificate of Achievement. 
3.  Distinguished Graduate Certificate. 
4.  Dental Assistant Apprentice Course Certificate 
5.  AF Achievement Medal. 
6.  Written response to discharge. 
7.  Five letter of recommendation. 

DEPARTMENT OF THE AIR FORCE 
AIR  EDUCATION AND TRAINING COMMAND 

I = ' b L O O b *  0 0 3 7 /  

1 8 AUG  2003 

MEMORANDUM FOR SRA: 

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! 381TRS 

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FROM:  38 1 TRSICCQ 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharged 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 under 
honorable conditions (general).  I am recommending that your service be characterized as under 
honorable conditions (general) 

2.  My reason for this action is: 

a.  You did, on or about 2 years ago, wrongfully used marijuana on two occasions while 

station at Robbins AFB, GA.  The relevant content of the statement of suspect report, AF Form 
1 168, that sustains the preliminary report conducted by the Ofice of Special Investigation is in 
subparagraph "b."  For this misconduct you received a Letter of Reprimand @OR) ori 02 May 
03. 

b. You used 

---------- marijuana on two occasions.  The &st  time was at ssgti -----------..........-- 

:provided the marijuana to: his wife, SrA 1 - - - - - - - - - - - - - - -w~fe,; - - - - - - - j 
I-----------------------. 

h'ome- SS&..  -. -. . -. .: 
--------------- 
1 - 1 1 1  1 i 
.------------ 
; and SrA;-- 
obtained marijuana from i. -. . . , . . -. . . . . . .  She took it to your home and SrA! -..-.-..-..-.... 
your wife, and ,you smoked it. 

--  : The second occasion Was when; ----------------I 

,...-..-..-.-..-.. 

e 

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.

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Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or 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 will probably be denied enlistment in any 
component of the armed forces.  Any special pay, bonus, or education assistance funds may be 
subject to recoupment. 

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3.  You have the right to  consult counsel.  Military lead counsel 
-  you:--I have madean appointment for you to consult -.-mi -- -- --- - 
[(j)v-.~@s-~ 
R-noOn ,BT#6* 
own expense. 

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has been  obtained to  assist 
at Bldg ,163 8, 

..., 

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~ a ~ o n m l t c t c i V i 1 i - m - c o m ~ ~ ~ r - - - - -  

4.  You have the right to submit statements in your own behalf.  Any statements you want the 

separation authority to consider must reach me by  2 \  wd  0'5 
and receive an extension for good cause shown.  I will send them to the separation authority. 

unless you request  b ~ o ( u . c o 3 + r  

5.  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. 
6.  You were  scheduled for a physical examination on  03 at  (3m  at the hospital Bldg 
1200, in the Student Health Clinic. 

L2%'9' 

jfg-5  8 

7.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use in building 1917, room 1A208. 

8.  Execute the attached acknowledgment and return it to me immadia  ly. 

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.------------------------------------------------. 
Section Commander, 3 8 1 TRS 

Attachments: 
1.  LOR, 2 May 03 
2.  82MDOS/SGOHAMemo21 Jan03 
3.  AF Form 1168, SrAi - - - - - -  - - - - - - J? : 7 Jan 03 
4.  AFForm1168,SrA; ...... i.$SNov02 
5.  AFForm 1168, S ~ A ;  --------,,, 
:  14Nov02 
6-  AF Form 11 68, SSgf --------- J, 
: 30 Sep 02 
7.  Airman's Receipt to Notification Memorandum 

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