Ok DRG

P| PERSONAL APPEARANCE

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

submit an application to the AFRCMR,

SAF/MIBR
$50 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

AFHQ FORM 06-2077, JAN 00

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1$35 COMMAND DR, EE WING, 3°° FLOOR.

ANDREWS AFB, MD 20762-7002
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-01-00123

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge, and |
change of reenlistment eligibility (RE) code.

       
  

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this nght.

    
   
 

The attached brief contains the available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade/change of reason for discharge and change of RE code are 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—that he did not use marijuana
and was wrongfully discharged from the service. The records indicated the applicant received and accepted an
Article 15 for wrongfully using marijuana. The DRB opined that the applicant and his counsel did not provide
substantiated information to overcome the factors which were the basis of the case. 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/reason for the discharge and the RE code received by the applicant were found to be
appropriate.

 
   
     
   
   
   
   
     
   

  

Issue 2 apphes to the applicant's post-service activities. The DRB noted that the applicant would like to re-
enlist as a reservist in one of the branches of the Armed Services. 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.

 
   
   
   

  

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/change of reason for discharge and change of RE code, thus the applicant's discharge should not be
changed.

    
   
     
 

Attachment:
Examiner's Brief
FDO1-00123
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ie (Former AB)

|

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 97/12/05 UP AFI 36-

| 3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch, Change
the Reason for Disch, and to Change RE Code.

2. BACKGROUND:

a. DOB: 76/12/16. Enlmt Age: 19 5/12. Disch Age: 20 11/12. Educ:HS DIPL.
AFOT: W/A. A-90, E-36, G-39, M-37. PAFSC: 27031 - Traffic Management
Apprentice. DAS: 97/01/22.

b. Prior Sv: AFRes 96/05/16 - 96/08/27 (3 “months 12 days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as Alc 96/08/28 for 4 yrs. Svd: 1 Yrs 3 Mo 8 Das, all AMS.

b. Grade Status: AB - 97/11/04 (Article 15, 37/11/04)

c. Time Lost: none,

d. Art 15’s: (1) 97/11/04, Elmendorf AFB, AK - Article 112a. You did,
on divers occasions, between ofa 01 Apr 97, and 30
Apr 97, wrongfully use marijuana. Rdn to AB.
(No appeal) (Nomitigation)

e. Additional: none.

£. CM: none,

g. Record of SV: none.
(Discharged from Elmendorf AFB)

h. Awards & Decs: AFTR.

i, Stmt of Sv: TMS: (01) Yrs (06) Mos (20) Das
TAMS: (01) Yrs {(93)Mos (08) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Em 293) dtd 01/01/17.
{Change Discharge to Honorable, Change Reason and Authority for Discharge,
and Change RE Code)

(Petitioner's Brief): Petitioner was, in error and unjustly, separated from
the United States Air Force on December 5, 1397 for alleged use of marijuana.
At the time of his separation, his DD Form 214 reflected a separation code of
JKK, a re-entry code of 2B and a narrative reason for separation reflecting
FDO1-00123

misconduct." As a result of the above stated entries on petitioners DD Form
214, petitioner is not eligible for enlistment in any branch of the Armed
Services.

Petitioner did not use marijuana as alleged by the United States Air Force.
Petitioner only admitted to the use of marijuana after being subjected to
intolerable working and living conditions at Elmendorf Air Force Base in
Alaska. These intolerable conditions included total ostracizing by co-workers
and supervisors, assigning petitioner the worst work assignments and forcing
the petitioner to resign his position as a YMCA coach. These conditions
resulted from the mere allegation of marijuana use and continued over a six-
month period while the allegations were being investigated and before the
petitioner was ever charged. Being socially and geographically isolated at age
20 and being nearly 5000 miles from home, the petitioner felt that his only
way out cf this delemma was to admit to the marijuana use in crder to escape
the intolerable conditions in the Air Force.

At the time the investigation was initiated, the’ petitioner voluntarily agreed
to take a urinalysis test. The urinalysis test was taken at or near the time
that the petioner was alleged to have used marijuana. The results of the
urinalysis test were negative for any drugs. Moreover, the only evidence of
alleged marijuana use by the petitioner was the testimony of other service
members who were using and distributing drugs. Petitioner can only surmise
that the service members falsely accused the petitioner of marijuana use
because they erroneously believed that the petitioner had informed on them

(which he had not) or that they had something to gain by turning in the
petitioner.

Petitioner would like the opportunity to reenlist as a reservist in one of the
branches of the Armed Services. In order to do so, petitioner requires an
upgrade of the separation code, the re-entry cede and the narrative of these
dd {(sic) Form 214. Based upon the circumstances described in the petition and
the documents attached hereto, petitioner respectfully request those upgrades.

ATCH

1. Petitioner's Affidavit.
2. Record of Investigation.
3. National Personnel Records Center File.

01/04/27/ia
fDa/~ 23/23

DEPARTMENT OF THE AiR FORCE

PACIFIC AIR FORCES
DEC 2 197

MEMORANDUM FOR 3 WG/CC

FROM: 3 WG/JA

SUB Legal eview-Administi ti Discharge- 3B ie:

. BB Wee been recommended fc: lischar by {} 3rd Tiansportation Squadron
Commander, ursuant to AFI 36-3208, paragraph 54 for misconduct basedond i

‘he reasons set forth in 1 Commander's fr £ for Discharge Letter, with
omE ki are leg Il i to up tdischargeactionund this
provision of tt instruction AB @s € ¢ for separation.

a

2. FAC The follo vii ~event mis the basis for this discharge ‘ti.

Between on or about | Apr 97 and on or about 30 Apr 97, then A CRP did, at or near
Elmendorf Air Force Base, Alaska, on divers occasions, wrongfully use marijuana, as evidenced

by an Article 15, dated 27 Oct 97, and an Unfavorable Information File (UIF) entry, undated.

3. Airmen subject to separation for drug abuse under AFI 36-3208, paragraph 5.54, may be
discharged under honorable, general, or under other than honorable conditions. Airmen
separated for drug abuse are not eligible for probation and rehabilitation.

4. After consulting counsel, AB WM elected not to submit a statement for consideration.
(See Tab 6.)

5. The 3rd Transportation Squadron Commander recommends a General Discharge.

6. ERRORS AND IRREGULARITIES: Airmen separated for drug abuse should usually be

discharged under other than honorable conditions; however, AB@#M@BPhas no documented
incidents of misconduct or drug abuse other than the Article 15 for manyuanause. Under these
circumstances, a General Discharge is appropriate.

7. You may take the following actions in this case:
a. Direct this action be discontinued and ABgjiilibe retained.

b. Forward this case file to 11 AF/CC if you believe AB ——should be separated from the
United States Air Force with an Honorable Discharge.

c. Direct AB ibe separated from the United States Air Force with a General Discharge.
FDO: oc 25

d. Direct AB8@il@be retained for processing under Chapter 6, Section C (Board Hearing) if
you determine he should be separated with an Under Other Than Honorable Conditions
Discharge.

8. RECOMMENDATION: I recommend you discharge AB-@@@Mfrom the United States Air
Force under the provisions of AFI 36-3208, paragraph 5.54. I further recommend you approvea
General Discharge. AB Mais ineligible for P&R.

 

Attachment: .
Case File (AB

 
  

7a : IE, Colonel, USAF
Judge Advocate *
FOC/o0o/2%

DEPARTMENT OF THE AIR FORCE

PACIFIC AIR FORCES
NOV 17 1997

MEMORANDUM FOR 3 TRNSS/LGTT (AB gaat,
FROM: 3 TRNSS/CC
SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for misconduct based on
drug abuse. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54. If
my recommendationis approved, your service will be characterized as honorable, general, or
under other than honorable conditions. | am recommending your service be characterized as
general.

2. My reasons for this action are:

Between on or about 1 Apr 97 and on or about 30 Apr 97, you did, at or near Elmendorf
Air Force Base, Alaska, on divers occasions, wrongfully use marijuana, as evidenced by an
Article 15, dated 27 Oct 97, and an Unfavorable Information File (UIF) entry, undated.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCMjurisdiction or a higher
authority will decide whether you are 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 meligible
for reenlistment in the Air Force, and any special pay, bonus, or education assistance funds may
be subject to recoupment.

4. You have the right to consult legal counsel. Military legal counsel has been obtained to assist
you. I have made an appointment for you to consult Capraggg 552-3887, at Bldg 6-920,

Rm 330 on_1 8 Nav 47 at_ (4{90__. You may consult civilian counsel at your own
expense.

5. You have the nght to submit statements m your own behalf. Any statements you want the
separation authority to consider must reach me within three duty days after the date of this letter
unless you request and receive an extension for good cause shown. I will forward any statements
you provide 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 medical examinations. You must report to the 3rd Aerospace
Medicine Squadron, Bldg 24-850 at on with your medical

 

records and to the Family Practice Clinic at on . You are to fast
PRo(-cO/2%

(drink water only) for 14 hours, refrain from alcohol for 72 hours, and refrain from the use of
tobacco products for 6 hours, prior to examination. Bring eyeglasses (and contact solution if
using contacts) if applicable. You must be in uniform for these examinations.

8. You have been scheduled for a Transition Assistance Program briefing. You must report to
the Family Support Center at 4s on _j 8NOV $7 _. You have also been scheduled
fora TMO Household Goods Shipment preprocessing briefing. You must report to Bldg 2-900

(People Center), Rm 247 at 0 on &! Nov ZT. You must be in uniform for
all appointments.

 

 

9. 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 your Squadron Orderly Room.

10. The discharge authority will make the findings and recommendations required under
10U.S8.C. 2005(g).

 

Attachment:
Article 15, 27 Oct 97