AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FDOl-00033
GENERAL: The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge,
and change of reenlistment eligibility (RE) code.
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.
FINDINGS: Upgrade of discharge is denied.
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.
The applicant's issues are listed in the attached brief.
Issues 1, & 2 are not issues but merely request that the character of service be changed on the DD Form 2 14
and that the reason for discharge be changed to convenience of government. The Board reviewed the
record and concluded the conduct for which applicant was discharged was a significant departure from the
conduct expected of all military members. The applicant was discharged in lieu of court martial action for a
positive random urinalysis. The member tested positive for illicit drugs and agreed to accept an Under Other
Than Honorable Conditions discharge. No inequity or impropriety in his discharge was suggested or found
in the course of the records review.
The Board found no evidence of impropriety or inequity in this case upon which to base an upgrade of
discharge.
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 fbrther concludes that there exists no legal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.
f I
i
Attachment:
Examiner's Brief
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
FD-01-00033
(Former A1C)
1. MATTER UNDER REVIEW: Appl rec'd a UOTH Disch fr USAF 98/07/15 UP AFI 36-
3208, Chapter 4 (Discharge in Lieu of Court Martial). Appeals for Honorable
Disch, and t o Change the Reason and Authority for Disch.
2. BACKGROUND:
a. DOB: 68/02/28. Enlmt Age: 27 10/12. Disch Age: 30 4/12. Educ:HS DIPL.
AFQT: N/A. A-77, E-66, G-74, M-56. PAFSC: 1N231 - Signals Intellegence
Production Apprentice. DAS: (EPR Indicates): 96/01/31-97/12/11.
b. Prior Sv: AFRes 96/01/16 - 96/01/30 (15 days)(Inactive).
3. SERVICE UNDER REVIEW:
a. Enld as AMN 96/01/31 for 4 yrs. Ext: 97/01/22 fr 5 months. Svd: 2 Yrs
5 Mo 15 Das, all AMs.
b. Grade Status: A1C - 96/11/30
c. Time Lost: none.
d. Art 15's: none.
e. Additional: none.
f. CM: none.
g. Record of SV: 96/01/31 97/12/11 Hickam AFB 5 (Initial)
(Discharged from Hickam AFB)
h. Awards & Decs: AFTR.
i. Stmt of Sv: TMS: (2) Yrs (6) Mos ( 0 ) Das
TAMS: (2) Yrs (5) Mos (15) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 00/11/26.
(Change Discharge to Honorable'and Change the Reason and Authority for
Disch)
Issue 1: Change Character of Service from UNDER OTHER THAN HONORABLE
CONDITIONS to HONORABLE under item #24 on DD214 (Document 2).
Issue 2: Change Narrative Reason For Separation from TRIABLE BY COURT
MARITIAL to CONVENIENCE OF THE GOVERNMENT under item #28 on DD214 (Document 2).
ATCH
1. Letter to Discharge Review Board.
2. DD Form 214.
3. Enlisted Performance Report.
4. Six Letters of Support.
5. Three Letters of Appreciation.
6. Certificate of Appreciation.
7. Letter of Achievement.
8. Certificate of Achievement.
9. Letter of Congratulations.
10. Certificate of Award.
11. Letter of Recommended.
FDO1-00033
01/01/31/ia
DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES
MEMORANDUM FOR 15 ABW/CC
FROM: 15 ABW/JA
2 Jul98
.
1. 1 have reviewed the attached request in accordance with AFI 36-3208, Administrative Separation
of Airmen, and consider it legally sufficient.
2. FACTS: The charge agai
charge included one specifica
acid diethylamide (LSD), a controlled substance. On 23 Jun 98,
s Air Force according to AF
a careful review of the facts
referred on 3 Apr 98 (Atch 1). The
concur.
terized as under other than
3. AUTHORITY FOR ACTION: As the 15 ABW/CC and the general court-martial (GCM)
authority, you have the authority to personally act on this request under paragraph 4.1 1 of AFI 36-
3208.
4. OPTIONS: As the GCM authority, you may:
a. acce
characterization; or
b. disappr
court-martial.
uest for discharge and make a determination regarding service
request for discharge and return the package for trial by general
5. RECOMMENDATION: I recommend you grant
trial by court-martial and discharge her from the Air
uest for dischargsin lieu of
an honorable conditions.
15" Air Base Wing
L
. .
CHARGE SHEET
.- -.- -. .
324th Intelligence Squadron (AIA)
Hickam Air Force Base, Hawaii 96853
7. PAY PER MONTH
a. BASIC
- b. SEAIFORUGNOUTy
S1.137.W
m.00
10. CHARGE:
ViounoN OF M E UCMJ. u n c u 112a
8. NATURE OF RESTRAINT OF ACCUSED
9. OATEEI lMF'CSED
31 rm96
1
4years
c. TOTAL
None
31.137.9O
11. CHARGES AND SPEClFlCAnONS
NfA
*
SPECIFICATION:
that AIRMAN FIRST CLASS
hir Force Base, Hawaii, did, at or
September 1997, wrongfully use lysergic acid diethylamide (LSD).
United States Air Force, 324th Intelligence Squadron, Hickam
tween on or about 14 Seutember 1997 and on or about 16
GRAOE
I c. ORGANIZATION OF ACCUSER
AFFIDAVIT:
above named accuser this 5 day of
that heishe is a Person subject to
under Oath
Or has
me, the undersigned, authorized by law to administer oaths in cases of this character, personaliy appeared the
, 19 & , and signed the foregoing charges and specircatbns
Justice and that helshe either has personal knowledge of
the matters Set forth therein and that the same are true to the bett of hisher knowledge and belief.
Captain
Grade
15th Air Base Wing Judge Advocate
-
Organization of Officer
Judqe Advocate
Official Ca acity to Administer Oath
(See R.C.M. 307& -must be commissioned officer)
\
-
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