AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-01-00015
GENERAL: The applicant appeals for upgrade of discharge to honorable.
The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.
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The attached brief contains the available pertinent data on the applicant and the factors leadin00 the
discharge.
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FINDINGS: Upgrade of discharge is denied.
The applicant’s issues are listed in the attached brief
Issues 1 and 3. These issues are similar and will be dealt with jointly. Applicant contends that his
discharge is inequitable since it was too harsh &e.’ resulting from an isolated incident of drug abuse and
without taking into consideration such extenuating circumstances as peer pressure and family illness) and
he should not be punished indefinitely for his mistake. Records review revealed that the applicant
received an Article 15 for wrongfblly using marijuana on or about May 3 1, 1986. Further, he had
previously received a Letter-of Reprimand for being AWOL and was subsequently removed form
correctional custody for other misconduct. The Discharge Review Board (DRB), after thorough review
of the available records, found no evidence of inequity or impropriety in the discharge procedures upon
which to base an upgrade of discharge. The DRB agreed that the discharge was based primarily on a
single use of marijuana; however, the seriousness of that misconduct; i.e., drug abuse, outweighs the
applicant’s othenvise satisfactory service. The Air Force’s drug policy is well publicized and all are
continually made aware that illegal drug use i_s not tolerated. In the Board’s opinion, the significant
nature of the misconduct clearly merited the character of discharge received.
Issue 2 applies to post-service activities. The Board recognized and commends the applicant’s effort in
supporting his family in a good job and volunteering time to assistheach religious education at his church;
however, no inequity or impropriety in his discharge was suggested or found in the course,of the records
review upon which to justify a discharge upgrade.
CONCLUSIONS: Tle 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 a u t h o r i m d that the applicant was provided full administrative due process.
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a
e 2,
In view of the foregoing findings the Board fbrther concludes that there exists no legal or equitable basis
For upgrade of discharge.
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Attachment:
Examiner’s Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
( Former AMN)
E'D-01-00015
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1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 86/10/17 UP AFR 39-10,
para 5-46 (Misconduct - Drug Abuse). Appeals for Honorable Disch.
2. BACKGROUND:
a. DOB: 65/06/04. Enlmt Age: 19 9/12. Disch Age: 21 4/12. Educ:HS DIPL.
AFQT: N/A.+ A-78, E-64, G- 62, M-56. PAFSC: 46230D - Apprentice Systems
Aircraft Armament Systems Specialist. DAS: 85/09/19.
b. Prior Sv: AFRes 85/04/01 - 85/04/22 (22 days) (Inactive).
3. SERVICE UNDER REVIEW:
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a. Enld as AB 85/04/23
b. Grade Status: AMN - 85/10/23
c. Time Lost: 85/12/03 (1 day).
for 4 yrs. Svd: 1 Yrs 5 Mo 25 Das, all AMs.
d. Art 15's: (1) 86/07/02, Moody AFB, GA - Article
near Valdosta, GA, o/a 31 May 86,
marijuana: Rdn go AB (susp til 1
correctional custody. (No appeal
112a. You did, in or -
wrongfully use
Jan 87), and 30 days
(No mitigation
e. Additional: LOR/UIF, 04 DEC 85 - AWOL.
CCB LTR, 25 JUL 86 - Removal from Correctional Custody for
misconduct.
f. CM: none.
g. Record of Sv: 85/04/23 86/04/22 Moody AFB 8 (Annual)
(Discharged from Moody AFB)
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h. AwaI;& & a c s : AFTR.
i. Stmt of S::
TMS: (1) Yrs (6) Mos (16) Das
TAMS: (1) Yrs (5) Mos (24) Das
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4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 0 0 / 1 2 / 1 1 .
(Change Discharge to Honorable)
Issue 1: I respectfully submit my appeal for upgrade to Honorable and for
the following reasons: The issue (a misdemeanor by today's civil terms) that led
to my General (UHC) dischaqge, stemmed from what can best be described as a
E'DO1-00015
terrible miscalcualtion (sic) on my part. Were there extenuating circumstances?
I believe, yes. Specifically, as can be seen from my sworn testimony of 13 June
1986, I stongly (sic) believe peer pressure was paramount to my "indiscretion."
For this, I received an Article 15 and was ordered to correctional custody for
.30 days. To compound matters, while in CC I received a phone 'call from my
k r h e r statin-
ill and wondered if I could come home on leayZZ&Out of
shame, I did not apprise her of my circumstances, which would have u p s t her -
more. Having always been very close to my mother, my predicament left me in
total despair at not being in a position to come to her assistance. My feelings
of desparation at the whole situation resulted in my release from CC for failure
to maintain standards. Without doubt, this was a collection of highly
regrettable and unfortunate incidents I would rather not have found-rttyself a
party to. While the Article 15 was justified, I feel the character of discharge
was both stringent and unnecessary.
Issue 2: Since my release from active duty, I have chosen a course
acceptable to society. Specifically, I taught religious education to 4 and 5
year old children at -------- Church, Springfield, VA. Moving to Falmouth, Cape
Cod in 1990, I put my knowledge to use assisting -------- (retired) at -------
Church, Woods Hole, MA. I also married. My wife ------ and I are the proud
parents of a little boy, ----- . I am employed by ---------- as a Systems
Technician and have been wit-h this company for the past ten years. Since
returning to civilian life, I have not been involved with illegal substances n o r
do I intend t o .
Issue 3: I have carried the burden and shame of this type of discharge with
me for many years and only recently had the courage to discuss it with my wife.
I truly do not want to be in the position of having to explain this to my son at
some future date - I'm sure the Baard can understand the questions children can
come up with. Therefore, I humbly ask the Board to grant my request and upgrade
my discharge to Honorable.
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ATCH
1. Memorandum For SAF/MIBR, 11 Dec 2000.
2. Statement of Suspect.
3 . AF Form 1170.
4 . Character Reference.
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fm/L 0-/5
DEPARTMENT OF THE AIR FORCE
H E A D O U A R T E R S 3 4 7 T H COMBAT SUPPORT GROUP ( T A C )
MOODY A I R F O R C E B A S E GA 31699-5000
inistrative Discharge -
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1. I have reviewed the subject action and find it legally sufficient. The
on Squadron Commander recommends the Respondent, Amn
e involuntarily separated from the service with-a
r the provisions of AFR 39-10, para. 5-46, for minor
disciplinary infractions, and 5-49c, for drug abuse. He does not recommend
probation and rehabilitation (P & R).
Respondent is subject to discharge for minor disciplinary infractions
2.
and drug abuse. He was absent from duty for two days in December 1985.
He received a letter of reprimand and UIF for this first offense. Respondent
wrongfully used marijuana in May 1986. He received an Article 15 for that
offense. Part of the punishment imposed was 30 days correctional custody.
The AGS Section Commander removed him from correctional custody due to his
poor performance. Respondent failed to submit any documents or statements
for your consideration.
general discharge without P & R appears warranted.
Based upon Respondent’s record as a whole, a
This case has been prepared in substantial compliance with AFR 39-10.
3.
As the separation authority, you have the following options:
a. Retain the Respondent;
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b. Order the Respondent separated with a general discharge as
recommended by the Squadron commander with or without P & R; or
C . Forward the case to 9AFICC and recommend the Respondent be separated
with an honorable discharge with an further recommendation as to P 6 R.
4. I recommend you order the Respondent separated from the Air Force with
DEPARTMENT OF THE AIR FORCE
HEAOQUARTERO 3471W T A C T I C A L F I O H T E R WING ( T A C )
MOODY AIR F O R C E BAOE O A 31199-5000
REPLY TO
OF: 347 AGS/CC
Letter of -Notification
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I am recommending your discharge from the United States Air Force for
The authority for this action
If my recommendation is approved,
I am recommend-
1.
Minor Disciplinary' Infractions and Drug Abuse.
is AFR 39-10, paragraphs 5-46 and 5-49c.
your service will be characterized as Honorable or General.
ing that your service be characterized as General.
My reasons for this action are indicated below.
Copies of the documents
2.
be forwarded to the separation authority in support of this recommendation
are attached. The Commander, 347 CSG 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 reenlistment in the Air Force.
b.
a. Preliminary investigation has disclosed that you were, at Moody AFB,
GA, on or about 3 Dec 85, absent from duty for two (2) days, to wit; Bldg 770.
You received a letter of reprimand and a UIF was established on 4 Dec 85.
Preliminary investigation has disclosed that you did, at Noody AFB,
GA, on or about 31 May 86, violate Article 112a, Uniform Code of Military
Justice, through the wrongful u'se of marijuana. You received an Article 15,
suspended reduction to AB until 1 Jan 87 and 30 days Correctional Custody.
You also were nonrecommended for promotion to A1C for this offense on
28 Jul 86.
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c. Preliminary investigation has disclosed that you were, at Moody AFB,
EA, on 25 Jul 86, removed from Correctional Custody for showing substandard
performance, a poor attitude, failing to show any improvement and receiving
316 discrepancies. A letter from the NCOIC of Correctional Custody, indorsed
by the AES Squadron Section Commander, was entered into your personnel records.
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3. You have the right to consult counsel. Military counsel h
i ned
have made an appointment for you to consul
to assist--vera;--I
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h & l d a 102 on 1 1 AUG 1986 at 0 9 0 0
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4. You have the right to submit statements in your own behalf. Any state-
ments you want the separation authority to consider must reach me by
, unless you request and receive an extension for good cause
shown. WI send them to the separation authority.
5. If you fail to consult counsel or to submit statements in your own behalf,
your failure will constftute a waiver of your right to do so.
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6. You have been scheduled f o r a medical examination. You must report t o the
USAF Hospital, Moody AFB Ga, on
7. Any personal information you furnish i n rebuttal is covered by the Privacy
Act as explained i n AFR 39-10, Atch 6 . A copy of AFR 39-10 i s located i n the
owledgqnent and you must return i t immediately.
, a t 0700 hours.
i 1 A U G 1986
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3 Atchs
1. Letter of Reprimand/UIF
2. Article 15, 2 Jul 86
3.
Removal from Correctional _ _ Custody
Ltr, 25 Jul 86
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