AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-01-00048 

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 justifl a change of discharge. 

The applicant's issues are listed in the attached brief. 

Issue applies to the applicant's post-service activities. The DRB was pleased to see that the applicant was doing 
well.  However, no inequity or impropriety in his discharge was found in the course of the hearing.  The records 
indicated the applicant requested a discharge in lieu of trial by  court-martial for wrongfully using marijuana. 
Also, he received two Letters of Reprimand and two Letters of Counseling for misconduct.  The misconduct 
included writing a bad  check, failing to pay a debt, driving violations and failing to comply with appropriate 
dress  standards.  The  DRB  opined  that  through  these  administrative  actions,  the  applicant  had  ample 
If  he  can  provide  additional  documented  information  to 
opportunities  to  change  his  negative  behavior. 
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 yas 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 

FD-01-00048 

(Former  SRA) 

1.  MATTER UNDER REVIEW:  Appl  rec'd  a  UOTH  Disch  f r  USAF  92/04/17  UP  AFR  39-10, 
C h a p t e r   4 ,   p a r a   4 - 1   ( D i s c h a r g e   i n   Lieu  of  C o u r t   Martial  -  Drug  A b u s e ) .   Appeals 
f o r   H o n o r a b l e   Disch. 

2.  BACKGROUND: 

a .   DOB:  66/10/15. 

Enlmt  Age:  20  1 0 / 1 2 .   D i s c h   Age:  25  9/12.  Educ:HS  D I P L .  

AFQT:  N / A .   A-82,  E-82,  G-82,  M-86.  PAFSC:  30454  -  Ground  Radio  Communications 
S p e c i a l i s t .  
DAS:  8 9 / 0 1 / 1 1 .  

b.  P r i o r   Sv:  (1) AFRes  87/08/21  -  88/04/20 

( 8  months) ( I n a c t i v e ) .  

a l l  AMs. 

AMN  -  8 8 / 1 0 / 2 1 .   A1C  -  89/08/21. 

( 2 )   Enld  a s   AB  88/04/21  f o r   4  y r s .   Svd:  3  y r s   0  M o   5  D a s ,  

SRA  -  8 8 / 1 0 / 2 1 .   EPRs:  4 , 4 .  

3.  SERVICE UNDER REVIEW: 

a .   Reenld  a s   SRA  91/04/26  f o r   6  y r s .   Svd:  1 Y r s   2  Mo  22  Das,  a l l  AMs. 

b.  Grade  S t a t u s :   none. 

* 

c.  T i m e   L o s t :   none. 

d .   A r t   1 5 ' s :  

none. 

e .   A d d i t i o n a l :   LOCI  1 4   DEC  90  -  Bad  Check. 

LOCI  27  J U L   91  -  D r i v i n g   v i o l a t i o n s .  
LOR,  20  AUG  91  -  F a i l u r e   t o  p a y   j u s t   d e b t .  
LOR,  22  AUG  91  -  AFR  35-10  v i o l a t i o n .  

f.  CM: 

none. 

g .   Record  of  SV:  90/09/12 

91/09/11  Lajes  F i e l d   3 

( D i s c h a r g e d   f r o m  McGuire  AFB) 

(Annual)R&F 

h .   A w a r d s   &  Decs:  AFGCM,  NCOPMER,  AFOSTR,  AFTR,  AFLSAR,  AFOUA. 

i .   Stmt  o f   Sv:  TMS: 
TAMS: 

( 4 )   Y r s   (101  Mos  ( 2 7 )   Das 
( 4 )   Y r s   ( 2 )   Mos 
( 2 7 )   Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln 

(Change  D i s c h a r g e   t o  H o n o r a b l e )  

( D D   Fm  293)  d t d   01/01/15. 

FDO1-00048 

Issue 1:  Since I  left the Air Force I have moved to Texas and done things 

in many different career fields. 
son in 2000. 
incidents since I left the Air Force. 

I have gotten established in life.  I've had no drug related 

I married in 1997 and received custody of my- 

-- Honorable would help me and my family get more established in this_llommunity. 

This is why I w6uld like an upgrade on my discharge from the Air F_orce in 1992. 
In the future ITould like my son to be able to take advantage of the different 
benefits he would receive in upgrading my discharge to Honorable. 
Please take 
this into consideration when making your decision. 

5 

I feel upgrading my discharge to 

ATCH 
1. DD Form 214. 
2. Letter to Discharge Review Board. 
3. Letter of Support. 

01/02/14/ia 

D E P A R T M E N T  OF THE  AIR  F O R C E  

6 5 T H   S U P P O R T   W I N G   ( A M C )  

FROM: 

65 SW/JA 

. -- - 

SUBJ: 

TO: 

cc 

tial, 

on 18 May 1992 for use of marijuana on 

for use of marijuana between 1 Dec 91 and 1 Jan 92.  As 

1.  INITIATION OF ACTION:  Court-martial charges were preferred 
against SrA- 
divers occasions.  On 29 Mav 1992 he requested a discharge in lieu 
of trial by court-m 
AFR 39-10, Chapter 4. 
His commander, Lt C 
y letter dated 1 June 
1992, recommended the request for discharge be approved. 
2.  BASIS FOR DISCHARGE:  Charges were preferred against SrA 
required by AFR 39-10, Chapter 4, para 4-1, if convicted of the 
offense a punitive discharge would be authorized. 
3.  PERSONAL DATA:  The respondent has received 3 EPR's: 
a rating of 4 and the latest one with a rating of 3.  He is 
NCO Professional 
entitled to wear the following decorations: 
Military Education Ribbon, National Defense Service Medal, Air 
Force Overseas Service Long Tour Ribbon, Air Forc 
Ribbon, .and the Air Force Longevity Service Award 
has an Unfavorable Information File that contains 
counseling for a returned check and a letter of reprimand for 
failure to pay a just debt. 
4.  RESPONDENT'S  STATEMENT:  The respondent requested a discharge 
in lieu of trial.  He has not submitted any statements on his own 
behalf. 
5.  DISCUSSION: 

two with 

a.  The request for discharge in lieu of court-martial is 
In accordance with-B-FR 

legally sufficient. 
the respondent for use of marijuana. 
39-10, Chapter 4,  para 4-1 an airman may be discharged if they 
are:  (1) subject to trial by court-martial; and (2) request a 
discharge in lieu of trial. 
criteria. 

The respondent meets both those 

Court-martial charges were preferre&  against 

'I 

b. 

made several voluntary statements to the 
OS1 adm 
e of marijuana a minimum of twenty times 
from as early as July/August 1990 to December 31,  1991.  He also 
voluntarily gave a urinalysis specimen on 1 January, 1992 which 

AMC  - GLOBAL  REACH  FOR  AMERICA 

tested positive for tetrahydrocannabinol (THC), the psychoactive 
agent present within marijuana. 

a - 
- 

ndent's  commander has 
request for discharge. 
eration and providinq 

rove 
ites the 
he 

investigation of-a SSgt assigned to her unit as the basis for her 
reasons.  The commander recommends an under other than honorable 
condition discharge if the discharge is approved. 

d.  AFR 39-10, Chapter 4 ,   para 4- 2  states "Customarily the 
service of an airman discharged under this provision will be 
d as under other than honorable conditions.Il  SrA 
s being discharged in lieu of a court-martial because 
f marijuana in blatant disregard of Air Force policy. 

His marijuana use does not conform to the acceptable conduct 
expected of Air Force members, nor does it indicate honest and 
faithful service.  If discharged, the respondent should receive an 
under other than honorable conditions discharge. 
6 .   SPCM/GCM CONVENING AUTHORITY OPTIONS:  As you are both the 
SPCM/GCM your options are as follows: 

a.  Retain 
b.  Rejec 
he be trie& b 
c.  Dire 
Air Force wi 
- 
honorable conditions discharge. 
7.  RECOMMENDATION:  I recommend 
from the United States Air Force 
39-10> ChaDter 4  with an under other than honorable conditions 

n the Air Force; or 
request for a discharge and direct 
or 
discharged from the United States 
neral, or an under other than 

discharged 
ons of AFR 

I 

CHARGE SHEET 

1.  PERSONAL DATA 

[eadquarters 65th Communications Group (MAC) 
I.  PAY PER MONTH 
a.  BASIC 
- 
;H70.00 

- -  
$13700 

b.  SENFOREIGN DUTY 

$1183 .OO 

c.  TOTAL 

- 

8. NATURE OF RESTRAINT OF ACCUSED 

None 

3. G R A D E  OR RANK  4.  PAY GRADE 

SRA 

E-4 

6.  CURRENT SERVICE 
a. 
26 ADr 91 

I N I T I A L D A T E  

b.  TERM 
6 Years 

9.  DATEIS)  IMPOSED 

__- - 
-  %/A 

0.  CHARGE: 

VIOLATION O F  THE  UCMJ,  ARTICLE  llza 

II. CHARGES AND SPECIFICATIONS 

SPEC'F'CAT'oN: 

In that Senior Airma 

United States Air Force, 65th 
- 
:ommunications Group, Lajes Field, Azores, Portuqal, did, at or near Lajes Field, Azores, 
'Ortugal, on divers occasions between on or about 1 December 1991 and 1 January 1992, 
wongfully use marijuana. 

- .  

-

.

 

111.  PREFERRAL 

7 

aFFIDAVIT: Before me,  the 
* a i v e  named accuser this 
under  oath that helehe is a 
or has investigated thematters set forth therein and that the mme are true to the best of hl/her knowledge and belief. 

- 

65th Support Wing  (MAC) 

OrganLaWon of Officer 

Judge  Advocate 

Official  Capacity  to Admfnfrter Oath 

(See 8.C.M. 307(b)lnurt be comrnfrrioned officer) 

trr 
- _