AIR FORCE DISCHARGE REVIEW BOARD DEClSlONAL RATlOh ALE 

CASE NCMBER 

FD-01-00023 

GENERAL: The applicant appeals for upgrade of discharge to honorable 

applicant  w a s o i l k u d a  personal  appearance  before  the  Discharge  Review  Baard_hutdeclined  to 

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exercise this right. 

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The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS: Upgrade of discharge is denied 

Issues.  Applicant  was discharged for misconduct,  drug abuse.  Although  member confessed to marijuana 
use,  he  now  characterizes  his  drug use  as a “single  mistake”  that  was  a “departure from  his  usual  and 
customary behavior.”  M e r  member consulted an Air Force Defense Counsel at the time of the discharge, 
he  submitted an unconditional  waiver  to his entitlement to  an  administrative  discharge  board.  Both the 
information of record  and  that  submitted  by  applicant  failed  to  substantiate  his  contentions.  The Board 
noted  that  before  member’s  August  1994  Air  Force  flight  physical  urinalysis  that  tested  positive  for 
marijuana,  member  had been  fired  from his civilian job in March  1994 due to a random  urinalysis  with a 
positive result for marijuana.  Additionally, while applicant was an in-patient at the Springbrook Northwest 
facility  in  November  and  December  1994, he  was  diagnosed  “cannabis dependant,  continuous”  and  he 
described his marijuana use as three times weekly.  The Board noted that drug abuse is not compatible with 
Air Force standards and finds the discharge proper. 

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Issue.  Applicant  also  notes his period  of service  was  exemplary  and  he had  prior  honorable  discharges. 
The Board, recognized  that  member  had  received  prior  hono,rable discharges,  however,  for the  period  of 
service under review, his misconduct was sufficient reason for receiving a general discharge. 

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The applicant  also  noted  his  post-service accomplishplents regarding  his  civilian  employment, marriage, 
and family.  While the Board commends applicant for these achievements, this evidence is also not relevant 
to the period of service under review and does not provide a basis for upgrade 

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 &&-that  the applicant was provided full administrative due process. 

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In view of the foregoing findings the board hrther concludes that there exists no legal or equitable basis for 
upgrade of discharge, tliuLthe applicant’s discharge should not be changed 

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Attachment: 
Examiner’s Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS ?a%, MD 

ED-01 -00023 

(Former  TSGT)  MISSING DOCUMENTS 

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1.  MATTER UNDER  REVIEW:  Appl  rec’d  a  GEN  Disch  f r  USAF  95/04/06  UP  AFT  36- 3209, 
p a r a   3 . 2 1 . 3 . 2  
Appeals  f o r   Honorable  Disch. 

(Misconduct  -  Commission  of  a  S e r i o u s   O f f e n s e   -  Drug  A b u s e ) .  

2.  BACKGROUND: 

a .   DOB:  55/08/23. 

Enlmt  Age:  18  2/12.  Disoh  Age:  39  7/12.  Educ:HS  D I P L .  

AFQT:  N/A.  A-64,  E-78,  G-76,  M-78.  PAFSC:  A11470  - A i r c r a f t   Loadmaster 
T e c h n i c i a n .   DAS:  94/08/25. 

b .   Prior  Sv:  (1) USAR  7 3 / 1 1 / 1 3   -  7 4 / 0 3 / 2 9  

( 4   months  17  d a y s )  ( I n a c t i v e ) .  

( 2 )   Enld  USA  74/03/30. 

T r a n s f e r r e d   t o   USAR  77/03/24. 

E n l d  

E-1  t o   E- 3  unknown. 

USAFRes  7 7 / 0 4 / 2 1   f o r   5  y r s .   E n l d   USAF  8 0 / 1 1 / 2 6   f o r   4  y e a r s .   E n l d   USAFRes 
84/11/26  f o r   4  y e a r s .   Svd:  1 6   Y r s   8  Mos  11  Das,  o f   which  AMs  i s   9  Y r s   6  Mos  15 
Das. 
SSGT(E-5): 
80/11/26.  A P R s :   9 , 9 .  
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3.  SERVICE UNDER REVIEW: 

S P 4 ( E - 4 ) :   7 5 / 1 0 / 0 1 .  

SGT(E-4):  75/10/01. 

a .   R e e n l d   USAFRes  a s   TSgt  90/07/20  f o r   6  y r s .   ‘ S v d :   4  Y r s   8  Mo  17  D t i s ,   of 

which  AMs, is unknown. 

b .   Grade  S t a t u s :   TSgt  -  90/07/20. 

c.  T i m e   L o s t :  

none. 

d.  A r t   15’s:  none. 

e .   Additional:  none. 

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f.  CM:  now, 
g .   Record  of  SV:  91/08/01 

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91/12/31  N o r t o n   AFB  5 

( D i s c h a r g e d   from  Robins  AFB) 

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(CRO) 

h .   Awards  &  Decs:  CRM,  AFLSAR,  AFTR,  AFGCM,  AFEM,  AM,  AFCM,  NDSM, 

NCOPMER. 

i .   S t m t   of  Sv:  TMS: 

( 2 1 )   Yrs  ( 4 )   Mos 
TAMS:  (11) Yrs  (3) Mos 

( 2 4 )   Das 
( 2 5 )   Das 

4.  BASIS  ADVANCED FOR  REVIEW:  Appln  (DD F’m  293)  d t d   00/12/09. 

(Change  D i s c h a r g e   t o  Honorable) 

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E'D01-00023 

I_ 

Seperation  (sic) action under AFI 3-6-1709 

Issue 1:  On 3  August 19940while assigned to the Inactive Reserve of the Air 
Force  (ARPC), I volunterred  (sic) for reassignment to the 708th Airlift Squadron 
at Travis AFB, California.  During the accomplishment of a class I11 flight 
physical, I was ordered to provide a urine sample for drug testing as part of 
the flight physical.  This sampIe was processed by a civilian lab and reported  - 
rT-be  positive-fa-ijuana. 
initiated.  I was relieved with an administrative discharge on 6 April  1995 with 
service being characterized as General  (Under Honorable Conditions).  -I am 
requesting the Air Force Discharge Review Board to consider specific issues 
which in my opinion form a basis for upgrading my administrative discharge from 
the Air Force Reserve.  My conduct and efficiency ratings were excellent and my 
record of promotions SHOWS I was generally a good service member with prior 
honorable discharges.  I also ask that the Review Board also consider my 
accomplishments indicating I have established myself in the community as an 
I made a single mistake and'paid f o r   it.  This abuse was a 
upstanding citizen. 
departure from my usual and customary behavior and will never recur again.  I do 
not desire and will never engage in this behavior for the rest of my life.  I 
was not involved in any drug distribution.  My accomplishments in the last five 
years include employment as a civilian flight engineer with the Airlines, 
Enlistment in the California Army National Guard, and establishing a family by 
getting married.  To demonstrate my efforts to stay away from this abuse, I even 
entered a drug rehabilitation, in-residence, program.  With this upgrade, I hope 
to be able to transfer to the Air National Guard and provide the excellent 
service I am capable of providing. 

was 

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ATCH 
1. AFRes/JAJD Letxer, 21 Mar 95. 
2. Unconditional Waiver Statement, 02 mar 95. 
3.  Recompendation for Discharge. 
4 .   Memorandum For HQ AFRES/DPAA, 05  Dec 95. 
5 .   AF Form  1288, Application for Ready Reserve Assignment. 
6. Reserve Order DA-5018, 03 Aug  94. 
7 .   Reserve Order A-110, 06 Apr 95. 
8. Hospital Admission History and Physical. 
9;  Hospital Discharge Summary. 
10. Spiritual Assessment. 

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01/01/22/ia 

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DEPARTMENT OF  THE  AIR  FORCE 

AIR  FORCE RESERVE 

MEMORANDUM FOR CV 
FROM: JA  -- 

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SUaTEC 

w - Unconditional Waiver of  Administrative Discharge Board 

1.  I reviewed the unconditioqal waiver request submitted 
supporting discharge action for drug abuse are legally 

AW AFI 36-3209,4.3.  The waiver and 

2.  PROCESSING: The Commander, 349 AMW, recommended 
separated with an Under Other 
Than Honorable Conditions Discharge for dmg abuse IAW AFR 3541, Volume III, paragraph 5-5Oc(2).  On 22 
nnel Programs Division, HQ AFRES, sent a Letter of Notification of Separation Action 

and recommended a General Discharge.  The basis for discharge was d 
.2 1.3.2. The letter was sent by  certified mail to his last known address 
for the letter and submitted a request for a discharge board dated 9 Jan 95.  A discharge board was scheduled to 
commence on 28 Mar 95.  On 27 Mar 95, the respondent submitted an unconditional waiver. 

3.  FACTS: 

a. For the Government:  The ewidence in this case proves by  a preponderance of the evidence the respondent 

committed drug abuse.  Specifically, on 6 Aug 94, 
A and showed positive 
sample for drug testing.  His sample was tested 
for marijuana. Following notification of the po 
nied drug use and 
consented to a second t&.  He left the base before the second test could be given.  Subsequently,' under rights 
advisement by an AFOSI agent, he admitted to smoking marijuana two to three times in the 30 days prior to the 
urinalysis. 

Ily submitted a urine 

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b.  Fort 
refla be 
Force Longevity Service. Award, Air Force Training Ribbon, Air Force 
Expeditionary Medal, Air Medal, and Air Force. Commendation Medal. 
for consideration.  His defense counsel submitted a letter stating a Gene 

a 

39 years old and,enlisted  in Jul 90 for six years.  The discharge file 
itary service.  His decorations include the Combat Readiness Award, Air 

edal, Armed Forces 
mitted copies of his EPRs 
Discharge is appropriate. 

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4.  DISCUSSION: 

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a A factual basis for separation must be established before the questions of appropriateness of separation and 

characterization are determined.  It appears fiom the case file concerning -that 
for discbarge is present.  Once the factual basis for separation is determined, the member's entire military record 
should be reviewed to dotermine whether separation or retention is appropriate. The current enlistmentis 
examined to determine the proper characterization of discharge.  Guidance en the types of characterization 
includes: 

a sufficient €actua~ basis 

(1)  Honorable.  The Honorable characterization is appropriate when the quality of the member's seMce has 
generally met Air Force standards of acceptable conduct and duty performance.  It may also be appropriate when a 
member's service is so meritorious that any other characterization would be inappropriate. 

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