. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-01-00024 

GENERAL:  The applicant appeals for upgrade of discharge to Honorable. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

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

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FINDINGS:  Upgrade of discharge is denied. 

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The Board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or 
impropriety which would justify a change of discharge. 

h 

The applicant's issue is listed in the attached brief. 

Issue.  Applicant  contends discharge was inequitable because  it was  too  harsh-that  he  admitted to having 
possession of the marijuana, but did not use any of the substance.  The records indicated the applicant received 
an Article  15 for wrongfully using marijuana.  There was also a statement to the investigators signed by  the 
applicant saying he  had  smoked  some marijuana from a pipe.  The Board concluded the 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. 

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 

E'D-0(-00024 

(Former AB) MISSING DOCUMENLPS 

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1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 97/08/28 UP AFI 36-3208, 
para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable Disch. 

h 

2.  BACKGROUND: 

a. DOB: 77/02/28.  Enlmt Age: 17 9/12.  Disch Age: 20  6/12. Educ:HS DIPL. 

AFQT: N/A.  A-76,  E-54,  G-41,  M-70. PAFSC: 1T131 -  Aircrew Life Support 
Apprentice. DAS: 95/12/30. 

b.  Prior Sv: AFRes 94/12/27 -  95/08/29 (8 months 3 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 95/08/30 for 4 yrs.  Svd: 1 Yrs 11 Mo 29 Das, all AMs. 
b.  Grade Status:  AB -  97/07/31 (Article 15, 97/07/31) 

AMN  TO A1C -  (EPR  Indicates): 95/08/30-97/04/29 

c.  Time Lost:  none. 

c 

'd.  Art 15's:  (1) 97/07/31, Altus AFB, OK  -  Article 112a.  You, did, 
between o/a 13 Jun 97 and o/a 1 4   Jun 97, wrongfully use 
marijuana.  Rdn to AB, forfeiture of  $250.00 pay. 
(No appeal) (No mitigation) 

e.  Additional: none. 

f.  CM:  none. 

g.  Record of  SV: 95/08/30  97/04/29  Altus AFB  5  (Initial) 

(Discharged from Altus AFB) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA. 
i.  Stmt of Sv:  TMS:  (2) Yrs  ( 8 )   Mos 

( 2 )   Das 

TAMS: (1) Yrs  (11) Mos  (29) Das 

4.  BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 00/11/29. 

(Change Discharge to Honorable) 

Issue 1:  I admitted to having possession of the marijuana, however, I did 
not use any of the substance.  I tested negative when I took a urine test for 
any types of narcotics in my system.  I admitted to making a mistake but felt I 
should have not been punished so severly.  I am asking to have my discharge 

updated  t o   h o n o r a b l e   t o   be  a b l e   t o   t a k e   a d v a n t a g e   of  s c h o o l i n g   a n d   o t h e r   V e t e r a n  
B e n e f i t s .  

mol-00024 

ATCH 
1..  DD  Form  2 1 4 .  
2 .   NA  Form  1 3 0 4 6 .  

0 1 / 0 1 / 2 2 / i a  

DEPARTMENT OF THE AIR FORCE 

97th Air Mobility Wing (AETC) 
Altus Air Force Base, Oklahoma 

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MEMORANDUM FOR 97 AMWICC 

FROM:  97 AMWIJA 

SUBJECT: 

ministrative Discharge Action- 

.. .. 

*- 

1.  ACTION:  The discharge action regardi 
has been reviewed and found 
to be legally sufficient.  His commander, 
CC, initiated discharge action 
under the provisions of AFI 36-3208, paragraph 5.54, drug abuse.  The commander recommends 
a general discharge. 

2.  BASIS:  The basis for the respondent’s separation is his wrongful use of marijuana.  In his 
statement, the subject admitted that he purchased $5.00 worth of marijuana, separated the seeds 
and stems in anticipation of smoking the marijuana, and later used a pipe to smoke it.  For this 
misconduct the respondent received Nonjudicial Punishment, tevidenced by AF Form 3070, 
dated 24 Jul97). 

- ,  

* 

a 20 year old Life Support Apprentice Specialist who has 
3.  PERSONAL DA 
rst enlistment.  His AQE scores are: Admin - 76; Elect - 54; 
completed 1  year, 1 1  
Gen - 41; Mech - 70.  His file contains one EPR, an overall “5.”  He has received the following 
awards and decorations: National Defense Service Medal, AF Training Ribbon. 

4.  MEMBER’S RESPONSE:  After consulting appointed counse 

A-eclined 

to submit any statements for your consideration. 

5.  DISCUSSION:  A basis for discharge exists under MI 36-3208, paragraph 5.54. 

a.  The commander recommended a discharge after reviewing the respondent’s personnel 
records and taking into account his drug use as evidenced by nonjudicial punishment for illegal 
use of marijuana. 

b.  Paragraph 5.55.2.1. of the AFI allows the respondent to attempt to establish the seven 
etention.  The burden of proving that retention is warranted rests with the 
criteria 
s not submitted any evidence to prove that he meets any of these seven 
membe 
factors.  If you find that any of the seven factors have not been established, you must direct that 
he be discharged. 

The criteria are: 

(1)  That drug abuse is a deDarture from the member’s usual and customarv behavior. 

(2)  Drug abuse occurred as a result of drug experimentation [a drug experimenter is 

defined as one who has illenally or imDroDerly used a drug - for reasons of curiosity. peer pressure, 
or other similar rGsons). 

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(3)  DIU? abuse does not involve recumnp incidents. other than drup experimentation as 

defined above. 

(4)  The member does not desire to engage in or intend to engape in druy abuse in the 

fbture. 

( 5 )   Drup abuse under all circumstances is not likely to recur. 

(6) Under the particular circumstances of the case. the respondents’ continued service in 

the Air Force is consistent with the interest of the Air Force in maintaining good order and 
discipline. leadership. and morale. 

(7)  Drug abuse did not involve drug distribution. 

not been established,  you must direct 
instruction. 

aived his right to submit matters for your consideration, he has 
As the factors for retention have 

harged under the terms of the 

d.  Discharges for drug abuse should normally be under other than honorable conditions. 
The avaiIable evidence in this case, however, taking into account the respondent’s relative youth 
and inexperience and his heretofore faithfd  service, warrant a general discharge characterization. 
Probation and Rehabilitation under Chapter 7 of the instruction are not available in drug abuse 
cases. 

e.  The procedures involved and the basis for this action are in compliance with applicable 

law and directives.  Although acopy of the medical examination is not in the file at this time, 
paragraph 6.1 1 states processing wilt not be delayed to wait for this report. 
6.  OPTIONS:  As the discharge authority, you  have the following options: 

discharged from the Air Force with a general discharge 

c.  Recommend to the 

9 
honorable discharge if you believ 
characterization would be clearly 

be separated from the Air Forcewith an 
as been so meritorious that any other 

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d.  Direct that the package be reinitiated with a service characterization of under other 

than honorable conditions, and offer the respondent a discharge board. 

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7.  RECOMMENDATION:  I recommend that you direc 
be separated from the service with a general discharge for drug abuse. 

-- 

* 

DEPARTMENT OF THE AIR FORCE 

AIR EDUCATION AND TRAINING COMMAND 
ALTUS AIR FORCE BASE, OKLAHOMA 73523 

-.  . 

MEMORANDUM FO 
FROM:  55 ARS/CC  - 
SUBJECT: Notification Letter 

-. - 

1.  I am recommending your discharge from the United States Air Force for drug abuse.  The authority for this 
action is AFPD 36-32 and MI 36-3208, paragraph 5.54. If my recommendation is approved, your service will 
be characterized as honorable or general.  I am recommending that your service be characterized as general. 

2.  My reason for this action is:  At or near Altus, Oklahoma, between on or about  13 Jun 97 and on or about 
14 Jun 97, you wrongfklly used marijuana.  For this misconduct you received an Article 15 and administrative 
discharge was initiated. 

Copies of the documents to be forwarded to the separation authority in support of this recommendation are 
attached.  The commander exercising SPCMjurisdiction or a higher authority will decide whether you will be 
discharged or retained in th':  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 
hnds may be subject to recoupment. 

3.  You have the tight to con 
appointment for you to consu 
may consult civilian counsel at your own expense. 

legal counsel has been obtained to assist you.  I have made an 
- 0  . You 
at Building 52 on  15  8 W,  9 7 

JE;? 

at 

4.  You have the right to submit statements in your own behalf.  Any statements you want the separation 
authority to consider must reach me by  ;3 0 14 uQ C; 7 
for good cause shown.  I will send them to the sepdation authority. 
5.  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. 

unless you request and receive an extension 

6. You have been scheduled for a medical examination.  You must report to the base hospital, physical exams, at 

O & V O  

on  \ q  a v'r  4 7  

7.  Any personal information you fUmish in rebuttal is covered by the Privacy Act of 1974.  A copy of AFI 36- 
3208 is available for your use in the unit orderly room. 

.  8.  Execute the attached acknowledgment and return it to me irrrmediately. 

Atchs 

AF Form 3070, dtd 24 Jul97