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AF | DRB | CY2001 | FD01-00015
Original file (FD01-00015.pdf) Auto-classification: Denied
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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c. 

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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. 

._ 

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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3 1 JI  L 

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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 
I 

h & l d a   102 on  1 1  AUG  1986  at  0 9 0 0  

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hour% 

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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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