AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-01-00067 

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 contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received two Article 15s and a Vacation of Suspended Non-Judicial Punishment for misconduct.  The 
misconduct included wrongfully using marijuana, failing to refrain from possessing  alcohol while under  21 
years  of  age,  and  consuming  alcohol  while  under  the  age  of  21.  The  DRB  opined  that  through  these 
administrative actions, the applicant had ample opportunities to change his negative behavior.  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. 

Issue 2.  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 October 29, 
1998) 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. 

c 

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. 

the board further concludes that there exists no legal+  eqwtable basis for 

h 4 e w  of the for&n&iadings 
upgrade of discharge, thus c the applicant's discharge should not be changed. 
a- 
Attachment: 
Examiner's Brief 

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DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

FD-01-00067 

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(Former AB) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 00/06/21 UP AFI 36-3208, 
para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 80/02/26.  Enlmt Age: 18 3/12.  Disch Age: 20 3/12. Educ:HS DIPL. 

AFQT: N/A.  A-70,  E-63,  G - 5 0 ,   M-47. PAFSC: 2A636 -  Aircraft Electronics C 
Environmental Systems Jouneyman. DAS: 99/06/01. 

b.  Prior Sv: AFRes 98/06/25 -  98/10/13 (3 months 19 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 98/10/14 for 4 yrs.  Svd: 1 Yrs 8  Mo 8 Das, all AMs. 

b.  Grade Status:  AB -  99/10/25 (Article 15, Vacation, 99/10/25) 

AMN -  99/04/14 

c.  Time Lost:  none. 

d.  Art 15's:  (1) 00/03/23, Robins AFB, GA - Article 112a.  You did, o/a 

23 Mar 00, wrongfully use marijuana.  Forfeiture of 
$465 of pay.  (No appeal) (No mitigation) 

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(2) 00/01/20, Vacation, Robins AFB, GA -  Article 92.  You, 
who knew, or should have known of your duties, o/a 12 
Jan 00, were derelict in the performance of those duties 
in that you willfully failed to refrain from possessing 
alcohol while under 21 years of age, in violation of the 
Official Code of Georgia Annotated Section 3-3-23(a)(2), 
as it was your duty to do.  Rdn to AB.  (No appeal) 
(No mitigation) 

c 

-.  (3) 99/10/25, Robins AFB, GA -  Article 134. -Tfou'pLwere, o/a 
25 Sep 99, drunk and disorderly.  Article 92.  You, who 
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knew, or should have known of your duties, not to 
consume alcohol while under the age of 21, o/a 25 Sep 
99, were derelict in the performance of those duties in 
that you willfully failed to refrain from drinking while 
under 21 years of age, in violation of the Official Code 
of Georgia Annotated, Section 3-3-23 (a) (5), as it was 
your duty to do.  Rdn to AB  (susp till 19 Apr OO),and 
45 days extra duty.  (No appeal)  (No mitigation) 

E’DO1-00067 

e.  Additional: none. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Robins AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv: 

TMS:  (1) Yrs  (11) Mos  (27) Das 
TAMS:  (1) Yrs  ( 8 )  Mos  ( 8 )   Das 

4.  aASIS ADVANCED FOR  REVIEW:  Appln  (DD E’m  293) dtd 01/01/23. 

(Change Discharge to Honorable) 

Issue 1:  At the point of discharge I submited (sic) a written statement 

stating my case, and aplogizing  (sic) for my mistakes.  My bigest  (sic) point on 
asking f o r   this upgrade was for the MGI Bill which I had paid for the year. 

ATCH 
none. 

01/02/22/ia 

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78  MSS  DPM 

WK-ALL/JA  KUMJ.NY  '  ' ,   GA 

PAGE  02 

Moo2 

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DEPARTMENT OF THE AIR FORCE 

Ha Warner Robins A& Loglstlcs Center (AFMC) 

Roblno Ah Force Base Qcorgia 

1 5  JUN 

MEMORA 

DUM FOR 78 ABW/CC 

FROM:  JA 

1.  Actioq: The proposed discharge of -der 
AFZ 36-3208 V p b  5.54, for Drug Abuse has been reviewed and is legally sufficient mbject 
to the inclusion of the discharge physical examination,  There is an adequate basis in the current 
enlistment to support discharge, as well tls support the recommended charadetization of senice, 
I umcw with the commander's recammeadation that 
Discharge. 

separated with a General 

the proviSi01~ of 

WBS the subject of 
marijuana. For 

2. 
Pu 
received anMcle 15, Nonjudkid Punidwent dated 16 May 00, which was placed in his 
current Uffivomble Information File.  Am 36-3208, w
5.54 provides for administrative 
discharge of an enlisted m e m k  who wronghlly uses a 00molled subzrtance.  Drug abuse is 
incompatible with military'service and b e n  who nbust drugs one or more dmes are subject to 
discharge for misoonduct, 

d to 

h

 

3.  Penronoata 
has been awarded the Air Force Training Ribbon.  He has no EPRS. 

twenty years old, with 1 year and 8 months active sewice.  He 

notified on 6 Jun 00 of the proposed 
sel and submitted a statement on his behalf 

i s  not entitled to au administrative discharge - -  

- I _  

J- 

5.  Lceal..Irsuer: Aimen discharged for drug abw are not eligible for Probation and 
Rehabilitation in accordance with AFI 39-3208, pagraph 7.2.6. 

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

7 8   MSS  DPI4 

WR-ALC/JA ROBINS 

GA 

PAGE  03 

@IO03 

LJ 

In a C u m h c e  with the regulation, paragraph 5.48.1  states discharges b 
be characterized 89 Under Other Than Honorable Conditions.  However 
NCO and 8 first-tenn ainnan.  Other similarly situated members have received discharges with a 
general ~haracterization when being separated for recreational drug use, A Oewml Discharge 
would also be apjyopriate in this case. 

6. ,Options far 78 ABWICC: As the separation authority in this case, you may: 

a.  Retah the Respondent if‘ you determine that discharge is not warranted; or 
b. Discharge the Respondent with a General Discharge; or, 
c.  Recommend to W - f i C / C C  that the Respondent be dWm-ged with an Honorable 
Discbargo; or 
d.  Dhct that notification of discharge be withdrawn and the Respondent be semed 
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 d o n  and would entitle him to present his case to an administrative 
discharge board. 

7. Jtecommendrtiop: An admidstrative dischuge is wammted, supported by the evidence and 
legally sufficient.  I recommbnd -be 
may 90  indicate by signing the letter at Tab  1, 

given a General Discharge.  If you concur, you 

Deputy S W  Judge Advocate 

DEPARTMENT OF THE AIR FORCE 

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

MEMORANDUM FOR A 

FROM:  93 MXSKC 

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 wrongfully using marijuana, dated 
16 May 2000. 

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.,  If you are 
discharged, you will be ineligible for reenlistment in the'Air Force. 

I 

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 1500 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 duty daw 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. 

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a- 

6.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a wa&r  of your right to do so. 

x -

 

7.  You have been scheduled for a physical on 14 Jun 2000, at 0715 hours at the Physical 
Exams Section, Building 207.  Your follow-up appointment is on 14 Jun 2000 at 0740 hours 
at Family Practice, Bldg 700.  You must be in uniform and have your medicaZ records with YOU. 

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

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 Area Defense Counseys office or your unit 
orderly room. 

Attachments: 
1.  AF Form 3070 w/atchs 
2.  AF Form 1137 w/atchs 
3.  Airman's receipt of notification memorandum