AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBEK 
FD-01-00061 

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 issues are listed in the attached brief. 

Issue 1.  Applicant states that his discharge did not take into account the good things he did while in the service. 
The DRB took note of the  applicant's duty  performance as documented by  his performance reports,  college 
work and other information contained in the records.  The records indicated the applicant received an Article 15 
for  wrongfully using  marijuana,  and  tested  positive  for  marijuana  a  second  time.  The  Board  opined  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.  They found the seriousness of the willful 
misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge 
was appropriate for the reasons which were the basis for this case. 

Issue 2 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 
Board concluded the misconduct of the applicant appropriately characterized his term of service. 

Issue 3.  The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on February 9, 
1996) that he understood he must receive an Honorable discharge to receive future educational entitlements. 
The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a 
matter of inequity or impropriety which would warrant an 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 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 

ED-01-00061 

(Former A1C) 

1.  MATTER UNDER REVIEW:  Appl rec’d a GEN Disch fr USAF 99/12/16 UP AFI 36-3208, 
para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 70/08/09.  Enlmt Age: 25 3/12.  Disch Age: 29 4/12. Educ:HS DIPL. 

AFQT: N/A.  A-84,  E-77,  G-72,  M-67. PAFSC: 2A452 - Aircraft Communications and 
Navigation Systems Journeyman. DAS: 96/09/03. 

b.  Prior Sv: AFRes 95/12/04 -  96/01/23 (1 month 20 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as A1C 96/01/24 for 4 yrs.  Svd: 3 Yrs 10 Mo 23 Das, all AMs. 

b.  Grade Status:  A1C -  99/12/02 (Article 15, 99/12/02) 

SRA  -  98/05/24 

c.  Time Lost:  none. 

d.  Art 15’s:  (1) 99/12/02, Grand Forks AFB, ND - Article 112a.  You did, 
between o/a 25 Oct 99 and o/a 2 Nov 99, wrongfully use 
marijuana.  Rdn to A1C.  (No appeal) (No mitigation) 

e.  Additional: none. 

f.  CM:  none. 

g.  Record of SV:  96/01/24  97/07/15  Grand Forks AFB  5  (HAF Di 
97/07/16  98/07/15  Grand Forks AFB  5  (Annual 
98/07/16  99/07/15  Grand Forks AFB  5  (Annual 

(Discharged from Grand Forks AFB) 

h.  Awards &  Decs:  AFTR, AFEM, AFOUA, AFGCM. 
i.  Stmt of Sv:  TMS:  (4) Yrs  (0) 
TAMS:  (3) Yrs  (10 

Mos  (13) Das 
Mos  (23) Das 

4.  BASIS ADVANCED FOR  REVIEW:  Appln 

(Change Discharge to Honorable) 

DD Fm 293) dtd 01/01/15. 

Issue 1:  I am writina this letter 

to request an upgrade of my 15 December 

1999 discharge from the Uiited States Air Force. 

mol-00061 

I joined the military to see the world and to serve my country.  As a 
communication and navigation systems technician, I accomplished those goals.  I 
changed eight landing gear tires on a KC-135 tanker in the Saudi Arabian desert. 
Unfortunately, the aircraft had run off the runway into a ditch.  I helped get 
that jet out.  I changed nose landing gear lights on the flightline at Grand 
Forks Air Force Base in North Dakota when it was fifty degrees below zero.  I 
called flight controls in Sicily.  I fixed radio and radar systems on jets ready 
to launch to accomplish real world sorties in Spain. 

My military records are exemplary.  My  final evaluation and performance report 
was a "fire wall five."  I attended college; achieving the needed credits to 
receive my Community College of the Air Force degree.  I coached squadron 
basketball.  The sacrifices and hard work I gave the military were well worth 
it. 

My sacrifices were many.  Most notably holidays with my family and friends in 
Cincinnati. 

I had begun processing for an honorable discharge date of December 7, 1999, when 
I was put on administrative hold.  Nine days later I was given a general 
discharge. 

My military records show an individual who served his country honorably.  I 
present these as well as other documents for your study.  Among the enclosed 
documents is a resume.  It will state that I am assistant librarian at The ----- 
------ 
newspaper.  I work part-time at --------------  with children and teens. 
I am a participant in the Volunteer Income Tax Assistance program at the ------- 
---------- .  I am secretary of my guild.  I am a member of the American Legion 
and a contributor to other causes and organizations.  Finally, I have begun to 
take college classes. 

My college is being paid out of my pocket.  An upgrade to my discharge would 
again enable me to use the Montgomery GI Bill.  I contributed to the GI Bill and 
did not use it during my enlistment so it would be available to me now. 

It is not available to me now.  If it were, I would be in a much better 
educational position.  I would be able to take more classes, accelerating my 
graduation from the University of --------.  My ultimate goal of law school 
would be closer to my reach. 

Again, I implore you to upgrade my discharge from the United States Air Force to 
honorable.  An honorable characterization would better reflect my term of 
service.  Thank you. 

ATCH 
1. Letter to Discharge Review Board. 
2. DD Form 214. 
3. Resume. 
4. Probationary Employee Evaluation Form. 
5. Three Enlisted Performance Reports. 
6. Two Performance Evaluations. 
7. Two Letters of Recommendation. 

8. Technical School Diploma. 
9. Three College Transcripts. 
10. Award Certificate. 
11. News  Clippings. 
12.  Discharge Correspondence. 
13.  Personnel Report. 
14.  Article  15. 
15. Urinalysis Results. 

FDO 1 - 0 0 0 6 1 

01/03/02/ia 

DEPARTMENT OF THE AIR FOh .,  7 

HEADQUARTERS 3 1 STH AIR  REFUELING  WING (AMC) 

GRAND F O R K S  AIR  FORCE BASE. NORTH DAKOTA 

13 December 99 

MEMORANDUM FOR 319 ARW/CC 

FROM: 319 ARW/ JA 

SUBJECT: AFI 36-3208 Discharge Legal Review 

1.9 AGS) % 

1. I reviewed and found legally sufficient the attached AFI 36-3208 discha'uge package, 
contingent upon the inclusion of  a medical report clearing the respondent for separation. The 
respondent is eligible for separation per AFI 36-3208, paragraph 5.54 (drug abuse), and should 
be separated with a general discharge. 

2.  319 AGS/CC initiated this action on 9 Dec 99 because the respondent willfully committed 
the following offenses: 

a.  Between on or about 25 Oct 99 and on or about 2 Nov 99, he wrongfully used marijuana. 

b.  On or about 15 Nov 99, for the second time, he tested positive for Marijuana during a 

urine consent test. 

3.  The respondent is subject to discharge per AFI 36-3208, paragraph 5.54 (drug abuse).  319 
AGS/CC recommends a general discharge without probation and rehabilitation. 

4.  The respondent is 29 years old and began his first and only four-year enlistment on 24 Jan 
96.  He has received three EPRs, which rated him an overall 5,5 and 5.  The respondent waived 
his right to consult with counsel and waived his right to submit a statement on his own behalf. 

5.  Since this is a notification case, the respondent may receive only an honorable or general 
discharge, unless you choose to refer this case to a discharge board.  The respondent's repeated 
wrongful use of  marijuana is a significant ne 
s service record that outweighs 
any period of  satisfactory duty performance. 
as proven that he cannot live up to 
the standards expected of  a member of  the Air Force and that he should be discharged.  He has 
tested positive for Marijuana twice.  The only time a member who abuses drugs may be 
retained on active duty is if the member receives a waiver by meeting seven criteria outlined in 
para. 5.55.2.1: 1) drug abuse is a departure from usual behavior; 2) drug abuse occurred as a 
result of  experimentation; 3) drug abuse does not involve recurring incidents; 4) member does 
not desire or intend to engage in drug abuse again; 5) drug abuse occurred under circumstances 
unlikely to occur again; 6) the member's continued presence in the Air Force is consistent with 
good order, discipline and morale; 7) drug abuse did not involve distribution. The General 
Court-Martial Convehg Authority is the approval authority for such waivers. In this case, the 
respondent does not meet the criteria, the unit commander does not support a waiver request, 
and we do not recommend one.  His illegal activities warrant a general discharge. No 
substantive or procedural errors materially prejudice the respondent's rights in this case. 

This doarinerit was prepared in direct or indirect atitkipation oflitigation.  Not for release or trans#r  outside of  the Air Force without spec@ 

Attorney client privilege material anrt/or attorney work product. 

approval Of 

the originator or higlzer authoriQ.  Not subject to discovery or release iitider P.L. 95-502 (5 USC 552). 

6.  If you determine that the allegations against the respondent support discharge and that he 
should be discharged, you would normally decide whether or not his discharge should be 
suspended for a period of probation and rehabilitation (P&R). In this case, however, P&R is not 
available for a member discharged for drug abuse, per para. 7.2.6. 

7.  As SPCM separation authority, you may: 

a.  Recommend retaining the respondent by requesting a waiver from the GCM; 

b.  Approve the respondent's separation with a general discharge witKout probation and 

? -  

rehabilitation; 

c.  Forward the case to 15 AF/CC recommending separation with an honorable discharge 

without probation and rehabilitation; or 

d.  Direct reinitiation of  the action if you determine that an under other than honorable 

conditions discharge is the only appropriate service characterization in this case. 

We recommend you approve the respondent's separation with a general characterization 
without P&R. 

I concur 

Attorney client p*vilege material anyor attorney work product. 

This doarment was prepared in direct or indirect ariticipatiori of  litigation.  Not for release or trarisjer oirtside of the Air Force without spcific 

apprml of the originator or liiglaer arrthority.  Not subject to discovery or release under P.L. 95-502 (5 USC 552). 

DEPARTMENT OF THE AIR FOf 
HEADQUARTERS 3 I 9TH AIR  REFUELING WING (AMC) 

GRAND FORKS AIR FORCE BASE, NORTH DAKOTA 

MEMORANDUM FOR A1C 

FROM:  319 AGS/CC 

SUBJECT: Notification Memorandum 

r -  

- 

- 

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 in accordance with 
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. 

I 

My reasons for this action are: 

a.  Between on or about 25 Oct 99 and on or about 2 Nov 99, you did wrongfully use 

marijuana.  For this misconduct, you received an Article 15 dated 2 Dec 99.  Your 
punishment consisted of  reduction to Airman First Class.  (Attachment A) 

b.  On or about 15 Nov 99, you tested positive for Marijuana from a urine consent 

test.  (Attachment B) 

3.  Copies of  the documents to be forwarded to the separation authority in support of 
this recommendation are attached. The commander exercising SPCM jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the 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 will probably be 
denied enlistment in any component of  the armed forces. 

4.  You have the right to consult counsel. Military legal counsel has been obtained to 
assist you.  You have been scheduled an appointment at the Office of  the Area Defense 
Counsel at Building 216 on  aIr0 

hours. You may consult civilian 

counsel at your own expense. &L. 4 C-*S* 

at 

\ 

5.  You have the right to submit statements in your own behalf.  Any statements you 
at  13s hours 
want the separation authority to consider must reach me by 
unless you request and receive an extension for good cause shorn. 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 medical examination. You must report to the 319th 
Medical Group on 

hours for the examination. tJ/A  3 C--pl-+qA 

at 

%;e*  (a,b%Lqq ) 

8.  Deliver to me immediately your military identification card and those of your 
dependents.  I have requested that temporary identification cards be issued IAW 
AFI 36-3026(I),.paragraph 4.2.  You will report to me by COB 
that issuance of  Temporary Identification Card(s) has been accomplished. 

ibhtc?q 

, to verify 

9.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 
1974.  A Privacy Act statement is attached. A copy of  AFI 36-3208 is available for your 
use in your squadron orderly room. 

10. Execute the attached acknowledgment and return it to 

Attachments: 
1. Privacy Act Statement 
2.  Supporting Documents 

3.  Respondent’s Data 
4.  Personnel Data 

a.  Article 15 dated 2 Dec 99 
b.  Positive Urinalysis Result Letter dated 2 Dec 99