AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-0 1-00037 

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. 

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 issue is listed in the attached brief. 

Issue.  Applicant  contends discharge was  inequitable because  it  was  based  on  one  isolated  incident  in 48 
months of service with no other adverse action.  The records indicated the applicant received an Article 15 for 
wrongfully using marijuana.  If he can provide additional documented information to substantiate an issue, the 
applicant should consider exercising his right to make a personal appearance before the Board.  If he  should 
choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the 
DRB with factual evidence of the  inequity and any  exemplary post-service accomplishments as well as any 
contributions to the community.  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 

ANDRENS  AFB,  MD 

ED-01-00037 

(Former AB) 

- 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 00/06/09 UP  AFI 36- 
3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 76/12/06.  Enlmt Age: 19 2/12.  Disch Age: 23 6/12. Educ:HS DIPL. 

AFQT: N/A.  A-74,  E-76,  G-92,  M-77. PAFSC: 2A551L -  Aerospace 
Journeyman. DAS : 96/11/20. 

Maintenance 

b.  Prior Sv: AFRes 96/02/22 -  96/06/11 (3 months 20 days) Inactive). 

3.  SERVICE UNDER REVIEW: 

" 

a.  Enld as AMN 96/06/12 for 4 yrs.  Svd: 3 Yrs 11 Mo 28 Das, all AMs. 
b.  Grade Status:  AB -  00/05/22 (Article 15, 00/05/22) 

SRA  -  (EPR Indicates): 99/02/12-00/02/11 
A1C -  97/04/13 

c.  Time Lost:  none. 

~. 

d.  Art 15's:  (1) 00/05/22, Warner Robins AFB, GA - Article 112a.  You, 
did, o/a 23 Mar 00, wrongfully use marijuana.  Rdn to 
AB, forfeiture of $695 pay.  (Appeal -  Forfeiture 
reduced to $502.00 pay)(No mitigation) 

e.  Additional: none. 

f.$  CM:  none. 

g.  Record of SV: 96/06/13  98/02/11  Robins AFB  5  (Initial) 
98/02/12  99/02/11  Robins AFB  5  (Annual) 
99/02/12  00/02/11  Robins AFB  5  (Annual) 

- 

(Discharged from Robins AFB) 

- -  

- 

-->>c 

h.  Awards &  Decs:  AFTR, AFOUA W/1 DEV,  AFGCM. 
i.  Stmt of Sv:  TMS:  (4) Yrs  (3) Mos  (18) Das 
TAMS:  (3) Yrs  (11) Mos  (28) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 00/12/25. 
- 

(Change Discharge to Honorable) 

Issue 1:  My discharge was inequitable because it was based on one isolated 

incident  in 48 months of service with no other adverse action. 

ATCH 
none. 

E'D01-00037 

01/02/05/ia 

c 

. .  01/_18/2001  69: 08 

9129267743 

_.. , 

+ 

DEPARTMENT OF THE AIR FORCE 

HQ Warner Robin8 Air Logistlcs Center (AIPMC) 

Robins Air Force Base Georgia 

MEM0RANI)UM FOR 78 ABWEC 

FROM:  JA 

e Action 

1.  Action; The proposed discharge o 
AFI 36-3208 paragraph 5.54, for D 
viewed and is legally sufticient subject 
to the inclusion of the discharge physical examination. There is an adequate basis in the current 
enlistment to support discharge, as well as support the recommended characterization o f  service. 
I concur with the commander's recommendation tha- 
separated with a General 
Discharge. 

under the provisions o f  

2.  Background: 

'  used the drug m q  

ubject of an AFOSI investigation, which revealed he 
given an Article 15, Nonjudicial Punishment for 

wongfUlly using the drug marijuana, on 16 May 2000.  AFI 36-3208, paragraph 5.54 provides 
for administrative discharge of an enlisted member who wrongfully uses a controlled substance. 
]Drug abuse is inco~ptible With military sxvice and airmen who abuse drugs one or more times 
are subject to discharge for misconduct. 

twenty-three years old, with 3 years and 11 months active 
3.  Personal. Data: 
senice.  He has been awarded the Air Force Outstanding Unit Award with one oak leaf cluster, 
Air Force Good Conduct Medal, and the Air Force Training Ribbon. He has 3 EPRs all With an 
overall rating of 5. 

notified on 6 Jun 00 of the proposed 
1 and subdtted a statement on hh behalf 
entitled to an Administrative Discharge_ 

Board hearing. 

- 

a- 

5.  Legal Issues:  A h e n  discharged for drug abuse we not eligible for Probation and - 
Rehabilitation in accordance with AFI 39-3208, paragraph 7.2.6. 

Golden Legacy, Boundless Future. ... Yoztr Nation's Air Force 

- 

, 

In accordance with the regulation, paragraph 5.48.1 states discharges based on drug abuse should 
be characterized as under other than honorable conditions.  Howeve 
NCO, first-term h a n  with no other history of misconduct. Other similarly situated members 
have received discharges with a general charactetization when being separated fGr recreational 
drug use.  A General Discharge would also be appropriate in this case. 
6. Options for 78 ABW/CC:  As the separation authority in this case, you may: 

B a non- 

a.  Retain the Respondent if you determine that discharge is not warranted; or 
b.  Discharge the Respondent with a General Discharge; or, 
c.  Recommend to WR-ALC/CC that the Respondent be discharged ~4th an Honorable 
Discharge. 
&.  Direct that notification of discharge be withdrawn and the Respondent be served 
with notice of proposed discharge Under Other Than Honorable Conditions.  This 
option. would entitle the member to have an additional seven days to respond to the 
discharge action and would entitle him to present his &e  to an Administrative 
Discharge J%oard 

" 

7. Recommendation: An 
legally sufficient. I reco 
may so indicate by signing the letter at Tab 1. 

k g e  is warranted, supported by the evidence and 
be given a General. Discharge.  If you concur, you 

I ,  'L- 
t .  
DEPARTMENT OF THE AIR FORCE 

I 

93'd MAINTENANCE SQUADRON (ACC) 
ROBINS AIR FORCE BASE, GEORGIA 

7 
,I 

MEMORANDUM FOR 

FROM:  93 MXS/CC 

SUBJECT: Notification Memorandum 

?- 

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 AFI 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 that on or about 23 Mar 2000 you wrongfully used marijuana.  For 
this, you received an Article 15, Nonjudicial Punishment, for wrongfblly using marijuana, dated 
16 May 2000. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are atkhed.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you will be discharged or retained in the Air Force.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consult with the Area Defense Counsel, building 
368, ext 6-5852, on 6 June 2000, at 1400 hours.  You may consult civilian counsel at your own 
expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three dutv days of the date of this letter 
unless you request and receive an extension for good cause shown.  I will send them to the 
separation authority. 

- 

- 

- 
6.  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. 
7.  You have been scheduled for a physical on 14 June 2000, at 0730 hours at the Physical 
Exams Section, Building 207.  Your follow-up appointment is on 14 June 2000 at 0800 hours 
at Family Practice, BIdg 700.  You must be in uniform and have your medical records with you. 

- 

Golden Legacy, Boundless Future.,,. Your Nation's Air Force 

.c 
!i 
. 

I'. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208-is available for your use at the Aka Defense Counsel's office  or your unit 
orderly room. 

-

-

 

Attachments: 
1.  AF Form 3070 w/atchs 
2.  EPRs 
3.  Airman's receipt of notification memorandum