AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
S| atc |
TYPE UOTHC |X | PERSONAL APPEARANCE RECORD REVIEW
COUNSEL, NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
AMERICAN LEGION ATTN: QUEEN BAKER 1608 K STREET NW
WASHINGTON DC 20006
VOTE OF THE BOARD ees
HON GEN UOTHC OTHER DENY
xX+*
X+*
X+*
X+*
xX+*
ISSURS A92.21 — f INDEX NUMBER 94 7 EXHIBITS SUBMITTED TO THE BOARD :
A94,05 1 |ORDER APPOINTING THE BOARD
| 2 | APPLICATION FOR REVIEW OF DISCHARGE
3. |LETTER OF NOTIFICATION
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
HEARING DATE CASE NUMBER
19 Nov 2009 FD-2008-00382
APPLICANT § ISSUE AND THE BOARD'S'DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW: BOARD DECISIONAL RATIONALE.
rr i rr
Case heard in Washington, D.C.
Advise applicant of the decision of the Board 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 for Discharge
*Reenlistment Code
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TO: FROM:
; SECRE OF THE FORCE PERSONNEL COUNCIL
SAV/MRBR AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1335 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00382
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 appeared and testified before the Discharge Review Board (DRB), with counsel Ms. QB of the
American Legion, at Andrews AFB on 19 Nov 2009. The following witness also testified on the applicant’s
behalf: Mr. Michael Sutton, applicant’s uncle.
The following additional exhibits were submitted at the hearing:
Exhibit #5: American Legion Statement
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
ISSUE: From the DD Form 293, the applicant submitted no issues; however he requested upgrade of his
discharge to have his G.I. Bill benefits reinstated.
FINDINGS: The Board denies the upgrade of the discharge, change of reason and authority for discharge,
and change of reenlistment code.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropricty that would justify a change of discharge.
Issue 1. Applicant contends the characterization of his discharge was too harsh based on the quality of his
service. The record indicates on 30 April 2007, the applicant, through his defense counsel submitted a
request for discharge in lieu of trial by court-martial, under the provisions of Air Force Instruction 36-3208,
Chapter 4 (Administrative Separation of Airmen). On 15 and 16 Dec 2006, the applicant was with a group
of individuals who were under surveillance by the Air Force Office of Special Investigation (OSI) for
possible drug purchase and use. On 16 Dec 2006, when OSI entered the residence under surveillance,
applicant admitted to the use and provided a urine sample. Applicant tested positive and above the DoD
cutoff of methylenedioxyamphetamine (MDA). On 17 Dec 2006, the applicant provided a sworn statement
admitting to buying two pills, which he believed to be ecstasy, from another Airman and ingesting one of the
pills. In applicants request for discharge in lieu of trial by court-martial, he states he was aware he may be
discharged with an Under Other Than Honorable Conditions (UOTHC) service characterization, but wanted
the opportunity to move forward with his future without the stigma of a federal conviction. Applicant took
full responsibility for his drug use. The Board concluded that the applicant made an informed choice when
he requested the Chapter 4 discharge and this negative aspect of the applicant’s service outweighed the
positive contributions he made is his Air Force career. The characterization of the discharge received by the
applicant was found to be appropriate.
Issue 2. The Board was pleased to see the applicant was doing well and is pursuing a college education.
However, no inequity in his discharge was found in the course of the hearing. The Board concluded the
misconduct of the applicant appropriately characterized his term of service.
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 the applicant 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 and determines the discharge should remain unchanged.
Attachment:
Examiner's Brief
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