AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-01-00062 

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 DRF3  finds that the applicant submitted no issues contesting the equity or propriety of the discharge, 
and after a thorough review of the record, the Board was able to identifl none.  The records indicated the 
applicant received an Article 15, a Letter of Couseling, two Records of Individual Counseling and a verbal 
counseling for misconduct.  The misconduct  included  wrongfully using  marijuana,  failure to maintain 
quarters, speeding, failure to comply with dress and appearance requirements, using a government vehicle 
for personal business, and having an accident while backing up a government-owned vehicle.  The DRB 
opined that  through these administrative actions, the  applicant  had  ample opportunities to  change  his 
negative  behavior.  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 fill 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-01-00062 

(Former AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN  Disch fr USAF 9 9 / 0 5 / 1 3   UP AFI 36- 3208, 
para 5 . 4 9   &  5.54  (Misconduct -  Minor Disciplinary Infractions &  Drug Abuse). 
Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 7 5 / 0 9 / 2 3 .  

Enlmt Age: 1 9   11/12.  Disch Age:  23 7 / 1 2 .   Educ:HS DIPL. 

M-26.  PAFSC: 2S031  -  Supply Management 

AFQT: N/A.  A-60, 
Apprentice. DAS:  9 6 / 0 7 / 1 9 .  

E-44,  G-52, 

b .   Prior Sv: AFRes 9 5 / 0 9 / 0 7   -  9 5 / 1 2 / 2 7  

( 3  months 2 1   days) (Inactive). 

months, 28 days, all AMs. 
E P R s :   4,4. 

3.  SERVICE UNDER REVIEW: 

( 2 )   Enld as AB 95/12/28  for 4  yrs.  Svd: 3  yrs 0 
AMN  -  9 6 / 0 6 / 2 8 .   A1C -  9 7 / 0 4 / 2 8 .  
SRA  -  9 8 / 1 2 / 2 8 .  

a. 

b. 

Reenld as SRA  9 9 / 0 1 / 2 5   for 4  yrs.  Svd: 0 Yrs 3  Mo 18 Das, all AMs. 
Grade Status:  AMN  -  9 9 / 0 3 / 3 1   (Article 15,  9 9 / 0 3 / 3 1 )  

C. 

Time Lost:  none. 

d. 

Art 15's: 

(1) 9 9 / 0 3 / 3 1 ,   Travis AFB, CA - Article 112a.  You did, o/a 
1 9  Jan 9 9   and o/a 1 9   Feb 99,  wrongfully use marijuana. 
Rdn to Amn, 30  days extra duty, and 15 days restriction. 
( N o   appeal)  (No mitigation) 

e. 

Additional: LOCI 08 NOV 9 6   -  Failure to maintain quarters. 

VBC, 11  DEC 9 6   -  Speeding. 
RIC, 1 6  JAN 97  -  Improper Military Image. 
RIC, 23 JAN 97  - Vehicle accident. 

f. 

CM:  none. 

g -  

Record of SV: none. 

(Discharged from Travis AFB) 

h. 

i. 

Awards &  Decs:  AFTR, AFOUA, AFGCM. 
Stmt of Sv:  TMS:  ( 3 )   Yrs  ( 8 )   Mos  (7) Das 
TAMS:  ( 3 )   Yrs  ( 4 )   Mos  ( 1 6 )   Das 

4.  BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd  0 1 / 0 1 / 2 5 .  

(Change Discharge to Honorable) 

NO ISSUES  SUBMITTED. 

ATCH 
none. 

ED01 - 000 62 

0 1 / 0 3 / 0 2 / i a  

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 60TH .iIR MOBILITY WING (AMC) 

MEMORANDUM FOR 60 AMWKC 

FROM:  60 AMW/JA 

5 10 Mulheron Street 
Travis AFB CA 94535-2406 

0 4  MAY  t999 

SUBJECT:  Legal Review of Administrative Discharge Action Under AFI 36-3208, 

0th Supply Squadron 

1.  Introduction: This  action  is  legally  sufficient.  On  27  Apr  99, 
Commander, 60 SUPS, initiated separation action against Respondent pursuant to 
d 5.54, for Misconduct, Minor Disciplinary Infractions, and Drug 
Section 
Abuse. 
commended  a  general  service  characterization  and  60  LGKC 
concurred.  This 23-year-old Respondent who  has over  3 years of active military  service has 
received two EPRs with overall ratings of “4.”  He was awarded the Air Force Good Conduct 
Medal, Air Force Training Ribbon, and Air Force Outstanding Unit Award.  A detailed summary 
of  his  personal  data  is  contained  in  paragraph  2  of  the  Commander’s  Recommendation  for 
Discharge letter, dated 30 Apr 99.  Probation and Rehabilitation is not authorized for drug abuse 
cases pursuant to AFI 36-3208, Chapter 7, paragraph 7.2.6. 

2.  Basis for Dischawe: 

a.  Misconduct. Minor Discidinarv Infractions. paragraDh 5.49: 

(1) On  or about 5 Nov  96,  Respondent failed to  maintain standards of his  living quarters 
during a scheduled room inspection.  Further, on or about 8 Nov 96, Respondent’s service dress 
uniform failed to meet dress and appearance required by  AFI 36-2903, for which he received a 
letter of counseling (LOC) on 8 Nov 96. 

(2) On or about 10 Dec 96, Respondent was cited by Security Forces for driving 34 mph in a 

25 mph speed limit zone, resulting in a verbal counseling on 11 Dec 96. 

(3) On or about 16 Jan 97, Respondent failed to comply with dress and appearance required 
by  AFI 36-2903.  Despite verbal  counseling and  advice from  superiors,  he  has not  shown  a 
significant improvement.  His  problem  with  personal hygiene was  also noticeable.  For  this, 
Respondent received a RIC. 

(4)  On or about  15 Jan  97,  Respondent had  an accident while  backing up  a government- 
owned vehicle (GOV). Further, on or about 18 Jan 97, he was seen using a GOV for personal 
business, resulting in a RIC on 23 Jan 97. 

b.  Misconduct.  Drug  Abuse,  paragraph  5.54:  Respondent did,  in  the  State of  California, 
between on or about 19 Jan 99 and on or about 19 Feb 99, wrongfully use marijuana, in violation 
of Article 112a, UCMJ.  For this, Respondent received an Article  15, dated 3 1 Mar  99, which 
was placed in an unfavorable information file (UIF) on 5 Apr 99, with punishment of reduction 
to the grade of airman, 30 days extra duty, and 15 days restriction to base. 

3.  Discussion: 

a.  On 29 Apr 99, Respondent submitted a statement seeking retention in the Air Force.  He 
contends that  his  “drug  abuse” consisted of  an  experimental use  of  marijuana.  Respondent 
asserts that his “drug abuse” consisted of a one-time experimental use  of marijuana.  Further 
Respondent states that the one-time drug use came to the Air Force’s attention as a result of the 
random urinalysis program, not because of his conduct or work related problems.  Respondent 
regrets his mistakes.  He asks that you consider his 3% years of good Air Force service (Tab 3). 

b.  Airmen in the active military service are required to maintain, both on and off duty, the 
high standards of personal conduct set for Air Force members.  Airmen OCCUPY a unique position 
in society, representing the military establishment 24 hours a day.  This special status carries 
with it a permanent obligation to uphold and maintain the dignity and good reputation of the Air 
Force at all times and in all places.  Unacceptable conduct such as drug abuse adversely affects 
military duty performance.  Minor  disciplinary infractions in  the  current enlistment  make  an 
airman subject to discharge.  1nfi.actions under paragraph 5.49 may  involve failure to comply 
with  nonpunitive regulations  or  minor  offenses under  the  Uniform  Code  of  Military  Justice. 
Respondent’s misconduct,  listed  in paragraph  2% supports discharge under  the  provisions  of 
AFI 36-3208, paragraph 5.49. 

c.  Drug  abuse  is  incompatible  with  military  service,  and  members  who  abuse  drugs 
adversely affect the ability of the Air Force to maintain discipline, good order and morale, and 
mutual trust and confidence among members.  Members who abuse drugs also adversely affect 
the  ability of the  Air  Force  to  facilitate assignments and  worldwide deployment, recruit  and 
retain  members,  maintain  public  acceptability  of  military  service,  and  prevent  breaches  of 
security.  A  member  found  to  have  abused  drugs  would  be  discharged  unless  the  initiating 
commander  recommends  a  waiver  of  discharge  under  AFI  36-3208,  paragraph6.60.  The 
60 SUPS/CC has not recommended such a waiver.  Before recommending a waiver, the initiating 
commander would have to fully consider the nature of the offense involved, all the circumstances 
surrounding  the  offense,  any  matters  in  extenuation,  the  airman’s  military  record,  and  the 
airman’s  potential  for  future  productive  service. 
In  considering  a  waiver,  the  initiating 
commander  must  give  full  consideration  to  the  nature  of  the  offense  involved,  all  the 
circumstances surrounding the offense, any matters in extenuation, the airman’s military record, 
and the airman’s potential for future productive service.  Additionally, the initiating commander 
must  ensure the  member  meets  all  seven  of  the  criteria for  retention  consideration  listed  in 
paragraph 5.55.2.1,  that:  (1)  drug abuse is a departure from the member’s usual and customary 
behavior;  (2) drug abuse occurred as a result of drug experimentation; (3) drug abuse does not 
involve recurring  incidents, other  than  drug  experimentation; (4)  member  does  not  desire  to 

engage  in  or  intend  to  engage  in  drug  abuse  in  the  future;  (5)  drug  abuse  under  all  the 
circumstances is  not  likely to  recur;  (6)  under  the  particular  circumstances of  the  case,  the 
member’s continued presence in the Air Force is consistent with maintaining proper discipline, 
good order, leadership, and morale; and, (7) drug abuse did not involve drug distribution.  The 
burden of proving that  retention is warranted under these limited circumstances rests with the 
member.  Unless you find that each of the above retention criteria exists, Respondent must be 
separated.  While Respondent describes his duty performance as very good, notably absent in his 
response is an assertion that his continued presence in the Air Force would be consistent with 
proper discipline, good order, leadership, and morale.  Given the need for law-abiding, mission- 
ready airmen, and the lack of evidence that his continued presence in the Air Force is consistent 
with maintaining proper  discipline, good order, and morale, retention is clearly inappropriate. 
Finally, once convinced that there is a basis for Respondent’s discharge, you  may  look at his 
entire  military  record  in  deciding  whether  it  is  appropriate  to  discharge  him.  Taking  into 
consideration Respondent’s  drug  abuse and infractions, Respondent unquestionably  should  be 
discharged. 

4.  Characterization of  Service:  Pursuant  to  AFI  36-3208,  Table  1.3,  discharges  under 
paragraphs 5.49  and  5.54  are characterized as honorable, general, or UOTHC.  An  honorable 
characterization is  reserved  for  those  airmen whose  service  has  met  Air  Force  standards of 
acceptable conduct and performance of duty and their service has been so meritorious that any 
other characterization would be clearly inappropriate.  Respondent does not meet this standard. 
A general discharge, under honorable conditions, is appropriate if an airman’s service has been 
honest and faithful, but significant negative aspects of the airman’s conduct or performance of 
duty  outweigh  positive  aspects  of  the  airman’s  military  record.  A  UOTHC  discharge  is 
appropriate when the  grounds  for discharge are based  on  a member’s  acts or omissions that 
constitute  a  significant departure  from the  conduct expected of  airmen.  Respondent’s  minor 
disciplinary infiactions and drug use  outweigh the positive aspects of his service record.  The 
other derogatory information in Respondent’s case file consists of a memorandum for a missed 
appointment.  Considering Respondent’s misconduct and time in the service, a general service 
characterization, as opposed to a UOTHC, is justifiable in this case.  Thus, I concur with both 
commanders’ recommendations for a general discharge. 

5.  ODtions:  As  the  Special Court-Martial Convening Authority,  you  approve or disapprove 
recommendations for discharge processed  by  notification according to  Chapter  6,  Section B, 
resulting in general discharge under Section H (paragraph 5.56 of AFI 36-3208).  According to 
paragraph6.45,  if  you  direct  discharge for  more  than  one  reason,  the  instrument  directing 
discharge must cite the primary reason.  In this case, paragraph 5.54,  Misconduct, Drug Abuse, 
should be the primary basis for discharge.  Your options are to: 

a.  Direct this action be withdrawn and retain Respondent if you independently find that each 

of the seven retention criteria exists; 

b.  Discharge Respondent with a general discharge citing either paragraph 5.54 or 5.49 as the 

primary reason; 

c.  Forward the  case to  15  AF/CC  with  a recommendation  for  an honorable citing  either 

paragraph 5.54 or 5.49 as the primary reason for discharge; or, 

d.  Direct reinitiation for processing pursuant to AFI 36-3208, Chapter 6, Section C - Board 

Hearing or Board Waiver, if you believe the issuance of a UOTHC is warranted. 

6.  Recommendation:  Discharge  Respondent  with  a  general  discharge  without  P&R,  by 
signing the appropriate letter at Attachment 1, utilizing paragraph 5.54 as the primary reason for 
discharge.  Further recommend that you bar Respondent from Travis AFB by signing the letter at 
Attachment 2. 

Attachments : 
1.  Proposed Letter 
2.  Bannent Letter 
3.  Case File 

DEPARTMENT OF THE AIR FORCE 
60TH SUPPLY SQUADRON (AMC) 

FROM:  60 SUPS/CC 

350 Hangar Avenue 
Travis AFB CA 94535-263 1 

SUBJECT:  Notification Memorandum 

1.  I  am  recommending  your  discharge  from  the  United  States  Air  Force  for  Misconduct,  Minor 
Disciplinary Infractions, and Drug Abuse, according to AFI 36-3208, paragraphs 5.49 and 5.54.  If my 
recommendation is approved, your service will be  characterized as honorable, general, or under other 
than honorable conditions.  I am recommending that your service be characterized as general. 

2.  My reasons for initiating this action are: 

a.  Misconduct. Minor Disciplinarv Infractions. paragraph 5.49: 

(1)On or about 5 Nov 96, you failed to maintain standards of your living quarters during a scheduled 
room  inspection.  Further, on or about 8 Nov  96, your service dress uniform  failed to meet  dress and 
appearance required by AFI 36-2903, for which you received a letter of counseling (LOC) on 8 Nov 96 
(Atch 1, Tab 1). 

(2) On or about 10 Dec 96, you were driving 34 mph in a 25 mph speed limit zone, as evidenced by a 
DD Form  1408, Armed Forces Traffic Ticket, resulting in a verbal counseling on  11 Dec 96 (Atch 2, 
Tab 1). 

(3)On or about 16 Jan 97, you failed to comply with dress and appearance required by AFI 36-2903. 
Despite verbal counseling and advice from your supevisor and the previous First Sergeant, you have not 
shown a significant improvement.  Your problem with personal hygiene wasalso noticeable.  For this, 
you received an RIC (Atch 3, Tab 1). 

I ^-"- 

. 

(4)On  or  about  15  Jan 97,  you  had  an  accident while  backing up  a  government-owned vehicle 
(GOV).  Further, on or about  18 Jan 97, you were seen using a GOV for personal business, resulting in 
an RIC on 23 Jan 97 (Atch 4, Tab 1). 

b.  Misconduct, Drug Abuse, paragraph 5.54:  You did, in the State of California, between on or about 
19 Jan 99 and on or about 19 Feb 99, wrongfully use marijuana, in violation of Article 112a, UCMJ.  For 
this, you received an Article 15, dated 3 1  Mar 99, which was placed  in an unfavorable information file 
(UIF) on 5 Apr 99, with punishment of reduction to the grade of airman, 30 days extra duty, and 15 days 
restriction to base. 

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. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you.  I have 
Area Defense Counsel, Travis Air 
made an appointment for you to consult Captain 
Force Base,  California, 540  Airlift  Drive,  Suite D-100,  Bldg.  381,  DSN  837-4569;  Commercial: 
(707) 424-4569, on 27 Apr 99 at 1130. You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements on your behalf.  Any statements you want the separation 
authority  to  consider  must 
letter) 
hours  unless  you  request  and  receive  an 

(three  workdays  from  service  of 

this 

reach  me  by 

no  later  than  /O&l 

send any documents you submit 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  were  scheduled for a separation physical examination at the Physical Exams Section, David 
Grant Medical Center on 14 Apr 99. 

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 in the orderly room. 

9.  Execute the attached acknowledgment and return it to me immediately. 

Commander 

Attachments: 
1.  LOCY8Nov96 
2.  DD Form  1408,lO Dec 96 
3.  AF Form 174, RIC,  16 Jan 97 
4.  AF Form  174, RIC, 23 Jan 97 
5.  AF Form 3070,31 Mar 99 
6.  Other Derogatory Data: 

Memorandum of 60 DS/SGD, 5 Sep 96