NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

1  AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

TYPE  GEN 

PERSONAL APPEARANCE 

NAME  OF COUNSEL AND OR ORGANIZATION 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION O F  COUhSEL 

X 

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MEMBER SITTING 

ISSllES 

A94.05 

1 

INDEX NUMBER 

A66.00 

HEARING DATE 

CASE NUMBER 

-- 

VOTE OF THE BOARD 

I  GENUOTHC 

OTHER 

I 

I 

DENY 

HON 

I 

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EXHIBITS SUBMITTED TO THE BOARD 

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I  ORDER APPOINTING THE BOARD 
1  APPLICATION FOR REVIEW OF DISCHARGE 

1  1 
1  2 
1  3  1  LETTER OF NOTIFICATION 
1  4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE HEARING 

1 

1 

1 

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15 Mar 2007 
APPLICANT'S lSSUE AND M E  BOARD'$  DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00446 

I 

Case heard in  washington, D.CI 

Advise applicant of the decision  of the Board, the right to a personal appearance witwwithout counsel, and the right to submit an 
application to the AFBCMR. 
I Names and votes will be made available to the applicant at the applicant's  request. 

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

1  FROM 
. . . . . . . 

SECRETARY  OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB. MD 20762-7002 

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AFHQ FORM 0-2077, JAN 00 

I 

(EF-V2) 

Previous edition will be used 

L 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00446 

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 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:  The  applicant  contends  his  discharge  was  inequitable  because  it  was  too  harsh.  The  records 
indicated  the  applicant  received  an  Article  15  for  misconduct.  The  misconduct  included  wrongfully 
possessing  a  Schedule  I1  controlled  substance,  Percocet.  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. 

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 SRA) (HGH SSGT) 

L.-.-.-......-.-.-.--------------------------' 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Lackland AFB, TX on 13 
Feb 04 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 13 Oct 77.  Enlmt Age: 17 3/12.  Disch Age: 26 4/12. Educ: HS DIPL. 
AFQT: N/A.  A-79,  E-70,  G-59,  M-49. PAFSC: 33751 -  Fire Protection Journeyman. 
DAS: 31 Jul 02. 

b.  Prior Sv: (1) AFRes 3 Feb 95 -  18 Feb 95  (16 days)(Inactive) 

for 11 months.  Svd: 6 yrs 7 mos 16 das, all AMS.  A1C -  Unknown.  SrA -  2 Jan 
98.  SSgt -  Unknown.  EPRs:  5,4,4,4,5. 

(2) Enlisted as AB 19 Feb 95 for 6 years.  Extended 8 May 98 

ART 15:  20 Oct 97, Cannon AFB, NM  -  Article 92.  You, who knew of your 

duties, on or about 10 Oct 97, were derelict in the performance of those duties 
in that you willfully failed to ref rain from consuming alcoholic beverage while 
under legal drinking age of 21, as it was your duty to do.  Forfeiture of $75.00 
pay and 15 days extra duty. 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt 5 Oct 01 for 6 years. Svd: 02 Yrs 04 Mo 09 Das, all 

AMS . 

b.  Grade Status:  SrA -  16 Jul 03  (Article 15, 16 Jul 03) 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 16 Jul 03, Soto Cano AB, Honduras, Article 112a.  You, 

did, on or about 1 Nov 02 to on or about 31 Dec 02, 
wrongfully possess a Schedule I1 controlled substance, 
to wit:  Percocet.  Reduction to SrA.  Suspended 
forfeiture of $200.00 pay per month for 2 months. 
(No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 19 Mar 01 -  18 Mar 02  Yokota AB  5  (Annual) 

19 Mar 02 -  18 Mar, 03  Soto Cano AB  2  (Annua1)REF 

h.  Awards &  Decs:  AFAM W/1 OLC, NDSM W/1 BS, AFEM, AFOSSTR, AFLSA W/1 

OLC, NCOPMER, AFTR. 

i.  Stmt of Sv:  TMS: (09) Yrs  ( 0 0 )   ~ d s  (11) Das 
TAMS: (08) Yrs  (11) Mos  (25) Das 

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

(Change Discharge to Honorable.) 

Issue 1:  My discharge was inequitable because it was based on two incidents 

in 103 months service.  I understand the consequence of my actions and fully 
appreciate that I was not given a more severe punishment.  I simply wish to 
upgrade my discharge for future employment opportunities and to put these 
unfortunate events behind me.  Thank you for your time. 

ATCH 
1.  Performance Appraisal. 
2.  AIU Transcript. 
3.  Performance Appraisal. 

JEPARTMENT  OF THE AIR FORCL 

6 12'  AIR BASE SQUADRON (ACC) 

AIR FORCE FORCES JOINT TASK FORCE-BRAVO 
SOT0 CAN0 AIR BASE, REPUBLIC OF HONDURAS 

I 
I 

APO AA 34042 

MEMOlXANDUM FOR  SRA 1. -. -. . . . -. . . . -. . . . -. -. . -. -. . -. - ., . . - . . . . -. . . . -. -. . -. -. . - 3 

,-....-....-....-.-..~.~..~.~....-....-....-.-..-.-..-.-.., 

612 ABS 

FROM:  6 12 ABSICC 

SUBJECT:  Notification Memorandum - Board Hearing 

1.  I am recommending your discharge fiom the United States Air Force for misconduct, 
specifically drug abuse.  The authority for this action is AFPD 36-32 and AFI 36-3208, 

- - - -.  -- paragraph 5.54.  Copies of the documents to be forwarded to the separation authority to support 

this recommendation are attached. 

2.  My reason for this action is that you did, at or near Soto Cano Air Base, Honduras, on or 
about 1 Nov 2002 to on or about 3 1 Dec 2002, wrongfully possess a Schedule 11 controlled 
substance, to wit: Percocet.  As a result, you received an Article 15, UCMJ, on 16 Jul03 
(Tab 1). 

3.  This action could result in your separation with an under other than honorable conditions 
(UOTHC) discharge.  I am recommending you receive an under honorable conditions (general) 
discharge.  The commander exercising SPCM jurisdiction authority or higher will make the 
final decision in this matter.  If you are discharged, you will be ineligible for reenlistment in the 
Air Force and may be denied enlistment in any component of the armed forces and any special 
pay, bonus, or education assistance funds may be subject to recoupment. 

4.  You have the right to: 

a.  Consult legal counsel. 
b.  Present your case to an administrative discharge board. 
c.  Be represented by legal counsel at a board hearing. 
d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing. 
e.  Waive the above rights.  You must consult legal counsel before making a decision to 

waive any of your rights. 

-------------- 
5.  You have the right to consult counsel.  Military legal counsel, Capt i - . . -. -. . -. -. . . :, 
AFLSAIADC, 228-5664, has been obtained to assist you.  An appointment has been scheduled 
for you to consult her on  070 0 at  29 &% @hours  in Bldg 35 10.  Instead of the 
appointed counsel, you may have another, if the lawyer you request is in the active military 
service and is reasonably available as determined according to AFI 51-201.  In addition to 
military counsel, you have the right to employ civilian counsel.  The Air Force does not pay 

expenses incident to the employment of civilian counsel.  Civilian counsel, if employed, must 
be readily available. 
6.  Confer with your counsel and reply, in writing, by 3 0 m  03, specifying the rights you 
choose to exercise.  The statement must be signed in the presence of your counsel who also may 
submit written statements in your behalf.  I will send the statements to the discharge authority 
with the case file to be considered with recommendation.  If you fail to respond, your failure 
will constitute a waiver of the right to a board hearing. 

7.  You have been scheduled for a medical examination. You must report to the Physical 
,for the 
Exams Office of the Aeromedical Facility, Bldg 420, at 
examination. 

, on 

8.  You have been scheduled for an initial outprocessing briefing.  You must report to the 
Military Personnel Flight (MPF), Separations Element, Bldg 3200, Rrn 20, at 
for the briefing.  If you have questions, please call 228-5326. 

on 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. 
You may contact the Area Defense Counsel or your unit commander's support staff to obtain a 
copy of AFI 36-3208. 

10.  If you request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

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

............................................... 
Commander 

Attachments: 
1.  Supporting Documents:  AF Form 3070, Record of Nonjudicial Punishment Proceedings 16 
Jul03 and Supporting Evidence 
2.  Airman's Receipt of Notification Memorandum