MEMBER SITTING 

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. 

*  Reason and Authority 
+ Reenlistment Code 

550 (2  STREET WEST, SUITE 40 
RANDOI-1'1 I  AFH, 'TX 78 150-4742 

AIR FORCE DISCHARGE  REVIEW  BOARD 
1535 COMMAND DR, EE WING. 3HD  PI,OOR 
ANDREWS AFB. MD 20162-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

- 
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2007-00009 

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 small 
incident in almost four years of outstanding conduct.  The applicant also expressed a desire to have his 
discharge upgraded so that he may qualify for reenlistment  into the armed forces.  The records indicated the 
applicant had a Special Court Martial, a Letter of Reprimand, and a Letter of Counseling for misconduct. 
The Special Court Martial conviction found the applicant guilty for attempted use of Vicodin, a schedule I11 
controlled substance.  He was sentenced by Officer Members to confinement for 30 days, forfeiture of pay 
for one month, and a reduction in grade to Airman.  His records also indicated he was administratively 
disciplined for financial irresponsibility  and failure to obey a lawful order.  The DRB opined that through 
these administrative actions, the applicant had ample opportunities to change his negative behavior.  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 reports 
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 SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Moody AFB, GA on 14 Apr 
06 UP AFI 36-3208, para 5.52.3  (Misconduct -  Commission of a Serious Offense). 
Appeals for Honorable Discharge, Change the RE Code, and Reason for Discharge. 

2.  BACKGROUND: 

a. DOB: 31 Aug 84.  Enlmt Age: I7 7/12.  Disch Age: 21 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-59,  E-76,  G-66,  M-72. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 30 Apr 04. 

b.  Prior Sv: (1) AFRes 9 Apr 02 -  30 Sep 02  (5 months 22 days) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 01 Oct 02 for 6 yrs. Svd: 03 Yrs 06 Mo 14 Das, of which 

AMS  is 03 Yrs 05 Months 19 Days  (excludes 23 days lost time). 

b.  Grade Status:  A m  -  05 Mar 06  (SPCMO No.10, 10 Apr 06) 

SrA -  22 Mar 05 
A1C -  22 NOV 02 

c.  Time Lost:  9 Feb 06 thru 4 Mar 06  (23 days). 

d.  Art 15's:  None. 

e.  Additional: LOR, 06 MAY 05 -  Failure to obey a lawful order. 

LOC, 13 AUG 04 -  Financial irresponsibility. 

f.  CM:  Special Court Martial Order No.10 -  10 A p r   06. 

CHARGE:  Article 80. 

Specification:  Did, in the continental United States, on or about 
21 Jun 05, wrongfully use Vicodin, a schedule 111 controlled 
substance.  Plea: Not Guilty.  Finding: Guilty, except the words 
 wrongfully use Vicodin,I1 substituting therefore the words 
llwrongfully attempt to use Vicodin," of the excepted words, NG, 
of the substituted words, Guilty.  Sentence adjudged by Officer 
Members on 9 Feb 06:  Confinement for 30 days, forfeiture of 
$951.00 pay for 1 month, and reduction to airman. 

g.  Record of SV: 01 Oct 02 -  01 Apr 04  Malmstrom AFB  5  (HAF Dir) 
4  (Annual) 

02 Apr 04 -  01 Apr 05  Moody AFB 

h.  Awards &  Decs:  AFAM W/1 OLC, AFTR, NDSM, AFOSSTR, AFOUA. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (11) Mos  (13) Das 
TAMS:  (03) Yrs  (05) Mos  (19) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 03 Nov 06. 

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

Discharge) 

Issue 1:  Discharge was based on one small incident in almost 4 years of 

outstanding conduct.  I loved serving, based on my previous history this was one 
minor &  isolated incident. 

I would like to serve again &  given another chance to prove others wrong.  This 
is all that I know.  I would like my discharge changed to honorable &  my 
discharge code upgraded so I can reenlist. 

ATCH 
1. Personal Data Sheet. 
2. AF Form 1 3 5 9 .  
3 .  Three Character Statements. 
4. Personal Statement. 
5. Two Air Force Achievement Medals. 
6. Eight Character References. 
7. Drug Information. 
8. Notification Memorandum. 

820th SECURITY FORCES GROUP (ACC) 

MOODY AFB, GEORGIA 31699 

MEMORANDUM FOR 6 

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

FROM:  820 SFGICCQ 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge &om the United States Air Force for Misconduct: 
Commission of a Serious Offense, Other Serious Offenses.  The authority for this action is AFPD 
36-32 and AFI 36-3208, paragraph 5.52.3.  If my recommendation is approved, your service will be 
characterized as an Under Honorable Conditions (General) Discharge. I am recommending that 
your service be characterized as an Under Honorable Conditions (General) Discharge. 

2.  On 9 Feb 06, you were found guilty of attempted use of Vicodin, a Schedule 111 controlled 
substance, in violation of Article 80, by a special court-martial convened at Moody Air Force Base. 
Your punishment included reduction to E-2, forfeiture of $950.00 for 1 month and 30 days 
confinement. (See Atch  1) 

3. Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM juridction or higher authority 
will decide whether you will be discharged or retained in the United States 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 any special pay, bonus, or education assistance funds may be 
subject to recoupment, The separation authority will make the fmdings and recommendations 
required under 10 U.S.C. Section 2005(g). 

4.  You have the right to .-.-........-, 
You may contact Major! 
Comm 334-953-2186.  You may consult civilian counsel at your own expense. 

consult counsel.  Military legal counsel has been obtained to assist you, 
- - - - - - - - - - - - -1 

: Maxwell AFB Area Defense Counsel at DSN 493-2186 or 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by  / 7 &r  d6:  unless you request and 
receive an extension for good cause shown.  I will send them to the separation authority. 

6.  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. 

7.  You have not been scheduled for a medical examination. You must r m r t  to Public Heath, 
Building 970 with an escort,  SfG 7 ,%/did 
pick up a DD Form 2697, ~eport'of ~ e d i c a l  Assessment.  You must then call you Primary Care 
Manager (PCM) to get a same day or next day appointment. When you make the appointment you 
must tell your PCM that it is for a pending involuntary separation. Please return a copy along with 
the package to the Legal Office. 

, on // kflca 6  , at  13 rro 

hours to 

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 at 347 RQW/JA. 

9.  Execute the attached ac 

ledgment and return it to me immedia 

a 

--.----------------.-----.----------.-----.------- 
Section Commander 

Attachments: 
I.  Report of Trial dated 9 Feb 06 (1 page) 
2.  Letter of Reprimand dated 6 May 05 (2 pages) 
3.  Letter of Counseling dated 13 Aug 04 (2 pages) 
4.  Receipt of Notification Memorandum