NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

-EL 

NAME OF COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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MEMBER SITTING 

HON 

GEN 

VOTF, OF THE BOARD 

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OTHER 

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DENY 

ISSUES 

A92.03 

1 

INDEX NUMBER 

A66.00 

HEARING DATE 

CASE NUMBER 

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EXXBRS SUfJMlTTEIf TO THE BOARD 

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1  1  I  ORDER APPOINTING THE BOARD 

PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE HE 

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24 Apr 2007 
APPLICANT'S ISSUE AND ME BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ARACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-00475 

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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. 

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

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

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

L/ INDORSEMENT 

DATE:  4~412007 

FROM. 

SECRETARY OF THE AIR FORCE PERSOKNEL C O l  KCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAKD DR. EE WING, 3RD FLOOR 
ANDREWS AFB, MD 10761-7001 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00475 

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. 

ISSUE: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh and based on one isolated 
incident after serving 36 months in the Air Force.  The records indicated the applicant received an Article 15, 
for misconduct.  The Article  15 was administered for wrongful use of marijuana.  He was punished with a 
reduction in grade to Airman, 45 days of extra duty and a reprimand.  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. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance report, 
awards and other accomplishments.  They found the seriousness of the willful misconduct offset any positive 
aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the 
reasons which were the basis for this case. 

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 A1C) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF Whiteman AFB, MO, on 11 
Dec 98 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 18 Sep 77.  Enlmt Age: 18 0/12.  Disch Age: 21 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-79,  E-73,  G-84,  M-77. PAFSC: 2W151 -  Aircraft Armament Systems 
Journeyman.  DAS: 5 Dec 97. 

b.  Prior Sv:  (1) AFRes 18 Sep 95 -  30 Jan 96  (4 months 13 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 31 Jan 96 for 4 years. Svd: 02 Yrs 10 Mo 11 Das, all 

AMS . 

b.  Grade Status:  A m  -  18 Nov 98  (Article 15, 18 Nov 98) 

A1C  -  31 May 97 
Amn -  31 Jul 96 

c.  Time Lost:  None 

d.  Art 15's:  (1) 18 Nov 98, Spangdahlem AB, GE -  Article 112a.  You did, 
within the territorital limits of Germany, between on or 
about 1 May 98, and on or about 31 May 98, wrongfully 
use Marijuana.  Reduction to Arnn,  45 days extra duty and 
a reprimand.  (No appeal) (No mitigation) 

e.  Additional :  None. 

f.  CM:  None. 

g.  Record of SV: 31 Jan 96 -  29 Sep 97  Davis-Monthan AFB  4  (Initial) 

h.  Awards &  Decs:  AFTR, AFOUA, AFOSLTR 

i.  Stmt of Sv:  TMS:  (03) Yrs  (02) Mos  (24) Das 
TAMS:  (02) Yrs  (10) Mos  (11) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 28 Dec 06. 

(Change Discharge to Honorable.) 

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

incident in 36 months of otherwise honorable service.  The incident came to 
light eight months after the fact, due to an unrelated investigation involving a 
fellow airman.  When questioned by authoritys (sic) if I had on the date of 
March 1998 at an off base residence smoked a marijuana cigarette?  I did the 
honorable thing and volunteered the truth of, taking a drag off, what I was told 
to be a marijuana cigarette.  I submitted to a urinalysis which came back 
negative for controlled substances.  (It is my belief that at the time the United 
States Air Force was down sizing so it was quick to issue a general discharge.) 
During my time in serice: I was involved with the on base mentor program.  I was 
the recipient of the "Maintenance Professional of the Quarter" for the 22nd 
fighter Squadrent  (sic).  Recipient of  I1Room of the Quarter" for the best kept 
dorm room.  I was a member of "Load crew of the month" four times.  I was a 
member of the "Out standing Unit Award". 

ATCH 
None. 

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DEPARTMENT OF THE AIR  FORCE 

UNITED  STATES AIR  FORCES  IN  EUROPE 

Fb ~ o o b -  00 y 7 5- 

MEMORANDLM FOR AMNL. -. . -. . -. . -. . -. . . . -. . -. . -. . -. . -. . -. . -. . -. . -. . -. . -. . -. . . . 

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

23d Fighter Squadron 

FROM:  23 FSICCQ 

SUBJECT: Notification Letter 

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 for discharge is approved, your service will be characterized as honorable or 
general (under honorable conditions).  I am recommending that your service be characterized as 
general (under honorable conditions). 

2.  My reason for this action is between on or about 1 May 98 and on or about 3 1 May 98, you 
wrongfully used marijuana.  For this action, you received Article 15 Nonjudicial Punishment on 
18 Nov 98.  (Atch 1)  You were reduced to the grade of E-2 (Airman) and received 45 days extra 
duty. 

3.  A copy of the document to be forwarded to the separation authority in support of this 
discharge and recommendation is 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 re-enlistment in the Air Force and any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  
counsel has been obtained to assist you. 
4.  You have the right to consult counsel.  Military legal 
I have made an appointment for you to consult Capt; ...... .........,....., 
Germany, DSN 452-6607, on &f&  i 4 8   at .M hours.  You may consult civilian 
counsel at your own expense. 25h)6J 9 B  * 

: Spangdahlem AB, 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three dutv davs, unless you request and 
receive an extension in writing for good cause shown.  I will send them to the separation 
authority. 

6.  If you fail to consult counsel or to submit statements on your own behalf within the time 
period prescribed, it will constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the 52d Medical 
Group, Physical Exams Elerneqt on >%  t3a/ 98 
has also been made at  mu&  PA 

at  07 1 3- 
on  2-5 Id& 48  at  7 6  4 

hours.  ~n  appointment 
hours. 

8.  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 your Commander's  Support Staff office. 

9.  Execute the attached acknowledgment at Tab 2 and return it to me immediately. 

Squadron Section Commander 

Attachment: 
AF Form 3070