AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD-01-00065 

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 justi@ a change of discharge. 

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

Issue 1.  Applicant contends discharge was inequitable because it was based on an isolated offense.  The records 
indicated the applicant received an Article 15 for wrongfully using marijuana.  The Board concluded the serious 
misconduct of the applicant 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. 

Issue 2.  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, awards and 
decorations, promotions,  and  other information contained in the  records.  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 3  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. 

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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. 

A*chment: 
Examiner's Brief 
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DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS  AFB, MD 

FD-01-00065 

(Former SRA  MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr  ISAF 00/05/19 UP AFI 36-3208, 
para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 67/08/31.  Enlmt Age: 18 1/12.  Disch Age: 32 8/12. Educ:HS DIPL. 
AFQT: N/A.  A-61,  E-60,  G-72,  M-83. PAFSC: 33271 -  Pavements &  Construction 
Equipment Craftsman. DAS: 92/09/16. 

b.  Prior Sv:  (1) AFRes 85/10/21 -  86/08/06 (9 months 16 days)(Inactive). 

(2) Enld as AB 86/08/07 for 4 yrs.  Ext 89/02/01 for 21 

months.  Reenld as Sgt 90/12/03.  Ext 94/09/15 for 20 months.  Svd: 9 yrs 9 mos 
25 das, all AMs.  AMN/AlC-(APR Indicates): 86/08/07-87/08/06.  SEW -  88/12/07. 
SGT-(EPR Indicates): 89/04/02-90/03/15.  APRS: 8,9,9.  EPRS: 4,4,3,4,3,4,4,5. 

3.  SERVICE UNDER REVIEW: 

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a.  Reenld as SGT 96/06/03 for 6 yrs.  Svd: 3 Yrs 11 Mo 16 Das, all AMs. 

b.  Grade Status:  SRA  -  00/04/13 (Article 15, 00/04/13) 

SSgt -  95/09/01 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 00/04/13, Seymour Johnson AFB, NC - Article 112a.  You, 

did, between o/a 16 Feb 00, and o/a 16 Mar 00, 
wrongfully use marijuana.  Rdn to SrA.  (No appeal) 
(No mitigation) 

e.  Additional: none. 

f.  CM:  none. 

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g.  Record of --  SV: 95/08/24  96/08/23  Seymour Johnson AFB  5  (Annual) 
96/08/24  97/08/23  Seymour Johnson AFB  5  (Annual) 
97/08/24  98/06/30  Seymour Johnson AFB  4  (CRO) 
98/07/01  99/06/30  Seymour Johnson AFB  5  (Annual) 
99/07/01  00/04/19  Seymour Johnson AFB  1  (HAF Dir)REF 

(Discharged from Seymour Johnson AFB) 

h .   Awards &  Decs:  AFAM W/3 DEV, AFLSAR W/3 DEV, AFTR, AFOSSTR, AFOSLTR, 

NDSM, HSM,  NCOPMER W/l DEV, AFEM, AFOUA W/2 DEV, JMUA, AFGCM W/3 DEV. 

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E'DO1-00065 

i.  Stmt of Sv:  TMS:  (14) Yrs  (6) Mos  (29) Das 
TAMS:  (13) Yrs  (9) Mos  (13) Das 

4 .   BASIS ADVANCED FOR  REVIEW:  Appln  (DD Fm 293) dtd 00/12/18. 

(Change Discharge to Honorable) 

Issue 1:  My average conduct and efficiency rating/behavior and proficiency 

marks while serving in the Air Force were good or excellent. 

Issue 2:  I have received numerous decorations and awards for various 

involvements throughout my service commitment. 

Issue 3:  My record of promotions showed I was generally a good service 

member. 

Issue 4:  Since my discharge, I have been a good citizen. 

Issue 5:  My record of an Article 15 indicates only one isolated offense, 

prior to my offense, I was known as an "invaluable crew leader"; I also received 
praise from a North Carolina senator for maintenance work done at a local 
school. 

ATCH 
none. 

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01/03/05/ia 

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DEPARTMENT  OF THE  AIR  FORCE 

HEADQUARTERS NINTH  AIR  FORCE (ACCI 
SHAW AIR  FORCE BASE. SOUTH CAROLINA 

MEMORANDUM FOR 

FROM: 

524 Shaw Drive 
Shaw AFB, SC 291 52-5029 

SUBJECT:  Legal Review, AFI 36-3208, 

1.  Overview:  On 20 Apr 00,4 CES/CC initiated administrative discharge action against the respondent 
pursuant to AFI 36-3208, paragraph 5.54, for drug abuse.  The 4 CES/CC recommended that the 
respondent be separated with a General discharge without probation and rehabilitation (P&R).  The 
respondent submitted a conditional waiver of his right to a discharge board contingent upon receiving no 
less than a General discharge.  4 FW/CC has forwarded the case file recommending acceptance of the 
respondent’s conditional waiver and that he be separated with a General discharge.  Probation and 
rehabilitation was not recommended and is not authorized for drug abuse. 

. 

2.  Basis: Between on or about 16 Feb 00 and on or about 16 Mar 00, the respondent wrongfully used 
marijuana, for which he received an Article 15. 

3.  Background Information:  The respondent has more than six years military service, therefore he is 
entitled to an administrative discharge board hearing.  The respondent submitted a conditional waiver to 
this right.  He did not submit matters in his own behalf.  The 4 FW/CC has forwarded the case file 
recommending that the respondent’s conditional waiver.be accepted and that he be sepa&ed  with a 
General discharge. 

4.  Personal Data:  The respondent is 32 years old and divorced with two dependents.  His current 
enlistment began on 3 Jun 96 for a period of six years.  The respondent has received three APRs with 
overall ratings of one 8 and two 9s, and twelve EPRs with overall ratings consisting of two 3s, six 4s, and 
four 5s.  The respondent is authorized to wear the Air Force Achievement Medal with three Oak Leaf 
Clusters, the Air Force Good Conduct Medal with three Oak Leaf Clusters, the National Defense Service 
Medal, the Air Force Longevity Service Award with two devices, the Air Force Training Ribbon, the Air 
Force Overseas Service Long Tour Ribbon, the Air Force Overseas Service Short Tour Ribbon, the Armed 
Forces Expeditionary Medal, the Air Force NCO Professional Military Education Ribbon, the 
Humanitarian Service Medal, the Joint Meritorious Unit Award, and the Air Force Outstanding Unit 
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Award with two devices. 

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5.  Errors and Irreggiarities:  There are no errors or irregularities, which are prejudicial to the substantive 
rights of the respondent. 

6.  Legal Sufficiency/Discussion:  I have reviewed the case file and find it legally sufficient to support a 
General discharge without P&R.  It is my opinion that the respondent’s use of marijuana warrants 
administrative separation under paragraph 5.54 of AFI 36-3208.  Based on the respondent’s record, a 
General discharge is appropriate when characterizing the respondent’s overall service record and drug 
abuse.  AFI 36-3208, paragraph 5.55.2.1, authorizes retention of a respondent when he meets all seven 
retention criteria for drug abuse, Le.: 

9CJJ  F o w a   g o t   &mica 

a.  Drug abuse is a departure from the respondent's usiial and customary behavior 

b.  Drug abuse occurred as the result of drug experimentation. 

c.  Drug abuse does not involve recurring incidents. 

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d.  The member does not desire to engage in or intend to engage in drug abuse in the future. 

e.  Drug abuse under all the circumstances is not likely to recur. 

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f.  Under the particular circumstances of this case, the member's continued presence in the Air Force 

is consistent with the interest of the Air Force in maintaining proper discipline, good order, leadership, 
and morale. 

g.  Drug abuse did not involve drug distribution. 

I do not believe this respondent meets those criteria.  Per AFI 36-3208, paragraph 7.2.6, the respondent is 
not eligible for P&R since the reason for discharge is drug abuse. 

7.  Options:  As the separation authority, you have the following options: 

a.  Direct that the respondent be retained in the Air Force if you feel he meets all the retention 

criteria in AFI 36-3208, paragraph 5.55.2.1. 

b.  Refer the case file to 9 AF/CC if you believe an Honorable discharge is warranted. 

c.  Accept the respondent's conditional waiver and direct that the respondent be seGrated with a 

General discharge. 

d.  Reject the respondent's conditional waiver and direct that he submit an unconditional waiver of 

his right to an administrative discharge board or demand a hearing before an administrative discharge 
board. 

8.  Recommendation:  I recommend that you direct the respondent be separated with a General discharge 
without P&R.  If you concur, an action letter to that effect has been prepared for your signature. 

. Asst Chief, Military Justice , Z 3 ' " K m E t i o n s  

I concur. 

DEPARTMENT OF THE AIR FORCE 

4TH  FIGHTER  WING  (ACC) 

SEYMOUR JOHNSON  AIR  FORCE  BASE  NC 

2 0  APR  2000 

MEMORANDUM FOR SRk 

FROM:  4CES/CC 

SUBJECT:  Notification Memorandum-Board Hearing 

1.  I am recommending your discharge from the United States Air Force for misconduct, specifically drug 
abuse.  The authority for my  recommendation is MI  36-3208, Chapter 5, Section H, Paragraph 5.54. 
Copies of  the documents to be forwarded to the separation authority in support of this recommendation 
are attached. 

2.  My  reason for this action is that  you  did, between on or about  16 February 2000 and on or about 
16 March  2000,  wrongfully  use marijuana,  as  evidenced by  the  following:  a  memorandum,  dated 
29March  2000  from  the  Drug  Testing  Laboratory  at  Brooks  AFB  reporting  their  finding  of 
tetrahydrocannabinol (THC) in the urine specimen submitted by you on 16 March 2000, and an AF Form 
3070, Record of Nonjudicial Punishment Proceedings dated 6 April 2000 (Tab la). 

I  am 
3.  This  action  could  result  in  your  separation  with  an  honorable  or  general  discharge. 
recommending that you receive a general discharge.  The commander exercising SPCM jurisdiction or a 
higher authority will make the final decision in this matter.  If you are discharged, you will be ineligible 
for reenlistment in the Air Force and will probably be denied enlistment in any compQnent of  the armed 
forces.. 

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, or in lieu of, the board hearing. 

your rights. 

e.  Waive the a& 
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rights.  You must consult legal counsel before making a decision to w a h y  of 

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5.  You have been scheduled for a medical examination.  You must report to the Physical Exam Section 
of the Base Hospital on 21 April 2000 at 0730 hours.  A follow-up appointment has also been scheduled 
with the Gold Team on 21 April 2000 at 0810 hours. 

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6.  Military  legal  counsel has  been  obtained  to  assist  you:  Cat 
1185 Cannon 
Avenue, Seymour Johnson AFB NC, telephone DSN 722-5345.  An appointment has been scheduled for 
you to consult him on  20 /?PP 0 0   at  /930 
hours.  Instead of the appointed counsel, you may 
have another, if  the lawyer you  request  is in  the active military service and is reasonably available as 
determined  according to  M I  51-201.  In  addition  to  military  counsel, you  have  the right  to  employ 
civilian counsel.  The Air Force does not pay expenses incident to the employment of civilian counsel. 
Civilian counsel, if employed, must be readily available. 

7.  Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you choose to 
exercise.  The statement must be signed in the presence of  your counsel who also will  sign it.  If  you 
waive  your  right  to  a  hearing  before  an  administrative  discharge  board,  you  may  submit  written 
statements in your own behalf.  I will send the statements to the discharge authority with the case‘file to 
be considered with this recommendation.  If  you fail to respond, your failure will constitute a waiver of 
the right to the board hearing. 

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 your Orderly Room. 

9.  If you request a board and you fail to appear without good cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

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

Commander 

Supporting Document(s) 
a.  AF Form 3070, Record of Nonjudicial Punishment Proceedings, dated 6 April 2000 with 

Attachment: 
1. 

attachments 

2. 
3. 
4. 
5. 

Airman’s Receipt of Notification Memorandum 
Medical Examination 
EPRs 
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Airman’s Statement 
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