b~~~~~~~~~~~~~~~~~~~~~~~~~~~ 

TYPE  GEN 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

I 

I 

HEARING  DATE 

1  25 Apr 2007 

CASE NUMBER 

1  FD-2006-00474 

/  GRADE 
AMN 

1  AFSNISSAN 

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

C.-.-..-.-..-..m 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION O P  C OLINSLL 

2  1  APPLICATION FOR  1ZF.VIF.W OF 1)ISCHARC;E 
3 
4 

I.ETTER  Ol- NO'I'IPICAI'ION 
BKIEF OF PERSONNEL PILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL  EX1 IlHlTS SUBMITTED AT TIME OP 
PERSONAL APPEARANCE 

TAPE RECORIIING OF PERSONAL APPEARANCE HE 

1 
1  NAME O F  SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I 

I 

I 

I 

APPLICAhTS ISSUE AND THE BOARD'S  DECISIONAL RATIONAL A M  DlSCflSSED  ON THE ATTACHED AIR FOKCL DISCHARGE ReVlKW BOARD DECISIONAI  RATI0KAI.F 

Case heard  in washington, D.C. 

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. 

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

SAFIMRBK 
550 C S'I'WET  WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

I 

AFHQ FORM 0-2077, JAN 00 

SECRETARY O F  THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCIIARCE  REVIEW BOARD 
1535 COMMAND DR, EE WING, JRD FI.OOR 
ANDREWS APB, MD 20761-7002 

I 

(EF-V2) 

Previous edition will be used 

1 
I 

1 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00474 

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify a change of 
discharge. 

ISSUE: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case 
on which to base an upgrade of discharge.  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 a suspended forfeiture of pay.  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) 

I.  MATTER  UNDER  REVIEW:  Appl recrd a GEN Disch fr USAF ~ e a l e  AFB, CA on 23 May 
06 UP AFI 36-3208, para 5.54 (Misconduct -  Drug ~ b u s e )  .  Appeals for Honorable 
Discharge. 
2 .  BACKGROUND : 

a. DOB: 16 May 8 5 .   Enlmt Age: 17 6/12.  Disch Age: 21 0/12. Educ: HS DIPL. 
AFQT: N/A.  A-49,  E-52,  G-47,  M-45. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 4 Dec 03. 

b.  Prior Sv: (1) AFRes 3 Dec 02 -  28 Jul 03  (7 months 26 days)iInactive). 

3 .   SERVICE UNDER REVIEW: 

a.  Enlisted as AB 29 Jul 03 for 6 yrs. Svd: 02 Yrs 09 Mo 25 Das, all AMS. 

b.  Grade Status:  Amn -  5 May 06  (Article 15, 5 May 06) 

SrA -  12 Jan 06 
A1C  -  15 AUg 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 5 May 06, Beale AFB, CA -  Article 112a.  You did, 

between on or about 18 Feb 06 to on or about 20 Mar 06, 
wrongfully use marijuana.  Reduction to Airman. 
Suspended forfeiture of $713.00 pay.  Reprimand. 
(No appeal)  (NL mitigation) 

e.  Additional: None. 

f.  CM:  None 

g.  Record of SV: 29 Jul 03 -  29 Mar 05  Beale AFB  3  (Initial) 

h.  Awards &  Decs:  AFOUA W/Z DEV, AFTR, GWOTSR, GWOTEM W/GB, AFEM, NDSM. 

i.  Stmt of Sv:  TMS: (03) Yrs  (05) Mos  (20) Das 
TAMS: (02) Yrs  (09) MOS  (25) Das 

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

(Change Discharge to Honorable) 

To recieve (sic) educational benefits. 

ATCH 
None. 

I 
I 

I 

l ~ (  ~ ( l z ~ u b  13: yb 

3bUJZYb 

lJ=w& U P P l G t  

-..- 
--. 
DEPARTMENT OF THE AIR FORCE 

97H SECuRIn FORCES SQUADRON 

BEALE AFB, CALlFORtrllA $1878 

rm  133/24 

Fp-6 

- e+ 

FROM:  9 SFSICC 

SUBJECT;  Notification Memorandum 

1,  1 am recommending your discharge ftom the United  States Air Form for Misconduct:  Drug 
Abuse,  The authoriv for this action is AFPD 36-32 and AFI 36-3208, Paragraph 5,54.  If  my 
r~commcndation is approved, your SMV~CC will be characterized as an Under Honorable Conditions 
(General) Dischargea i am reoommcnding that your scrvicc be charadetized as an Undct Honarablc 
Conditions (General) Discharge. 

2.  My rason for this action is between 18 Feb 2006 and 20 Mar 2006, you wrongfilly uscd 
rnariJuana, For this misconduct you received a Record of Nonjudialal punishment datcd 
5 May 2006. For this misconduct you were punished with a reduction to the grade of airman, 
suspended forfeiture of $713.00 pay, and a reprimand.  Copies of the documents to be forwarded to 
the separation authority in support of this recommendation me attaahcd.  The commandcr 
exercising SPCM jurisdiction or higher authority will dccide whether you will bc discharged or 
ratained in the United States Air Force and, if you arc discharged, how your service will be 
characterjzed. If you are discharged, you wlll be ineligible fot reenlistment In  the Air Force and any 
special pay, bon~s, or education assistance funds may be subject to recaupment. The separation 
authority will make the findings wd rtcornmendatians required undcr 10 U.S.C. Section 2005(g)- 

3.  You have the riaht to consult c~uunsel. Military lerral  counsel has been obtained to assist you.  I 
have made an app$ntment for you to consult Captain: C...-.......-..-...------ 
A000  hours.  You may ~onsult civilian counsel at your own expense. 

-  -.-..-....-..-.....------- 
pn 18 M ~ L  at 

4.  You have thc right to submit statements in your 
scparatlatr authority to consider must reach rnc by 
m l v e  an extension for g o d  cause shown.  I' will 

Any statements you want the 
aft,  unless you request and 
the separation authority. 

5,  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your tight to do so. 
6. You have been schcdulcd for a medlcal examination.  You must report to Beale APB W 
Practice Clinic on 18 Mav 2006, at 

hours for the examination, 

1500 

7.  Any personal Information you furnish In rebuttal is covcred by the Privacy Act of 1974, A copy 
of AFj 36-3208 is available for your use at the commander's support shV. 

8.  becute the attached acknowledgment and return it to ma immediately. 

Attachmctlts: 
I .   Article IS dtd 5 May 06 with evidcnu 
2.  Receipt of Notificstibn Memorandum