- 

AIR FORCE DISCHARGE RE\'1E\I1  BOARD HEARING RECORD 

NAME OF SERVICE BIEhIBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAK 

COUNSEL 

YES 

I  NO 
X 

1  X  PERSONAL APPEARANCE 

h AME OF COUh'SEL AWD  OR  ORGAWlZATlOh 

RECORD REVIEW 

AIIDRESS AWD  OR  ORGANLZATIOK OF COIJNSEL 

MEMBERS SITTING 

VOTE OF THE BOARD 

ii  ' 5 s  

a 

HON 

I  GEN 

I  IIOTHC 

1  OTHER 

C 

I  DENY 

I 

I 

I 
EXHIBITS SUBMITTED TO THE BOARD 

1  I  ORDER APPOINTING THE BOARD 
2 

APPLICATION  FOR REVIEW O F  DISCHARGE 

I 

*  r  +  8 

I 

I 

HEARING DATE 
19 NOV 02 

CASE WllMBER 
FD2001-0232 

I 

REMARKS 

*Change Reason and Authority to Secretarial Authority. 

Case heard at Dobbins ARB, Georgia. 

Advise applicant of the decision of the Board. 

3 
4 

LETTER OF NOTlFlCATlON 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF 
PERSONAL APPEARANCF 
I I  TAPE RECORDING OF PERSONAL APPERANCE  HEARING 

SAFIMTBR 
550 C STREET WEST, SUITE 40 
RANDOLPH  AFB, TX 78150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCll 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR  FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

GENERAL:  The applicant  appeals for upgrade of discharge to Honorable. 

CASE NUMBER 

FD2001-0232 

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Dobbins ARB, GA, on November  19,2002. 

The following additional exhibits were submitted at the hearing: 
Exhibit 6:  Various Business Cards 
Exhibit 7:  Thank You Letter from Petal Association for Families 
Exhibit 8:  Richton Head Start Center Certificate of Appreciation dated May 13, 1999 
Exhibit 9:  undated Newspaper Article fiom Unknown Newspaper 
Exhibits 10 & 11:  Two Certificates from The Society of Distinguished American High School Students 
Exhibit  12:  National FFA Foundation Award Recognizing Achievement  dated May 2, 1980, plus one page 

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

FINDINGS:  The Board grants the requested relief. 

The Board finds that neither the evidence of record  or that provided by the applicant substantiates an 
impropriety that would justify a change of discharge.  However, based on applicant's  testimony, the Board 
finds that the applicant's  character of discharge and reason for discharge should be changed. 

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

Issues.  Applicant contends his discharge should be changed because since his departure fiom the military, 
he has been rehabilitated  so his discharge should not be a lifetime obstacle to him as it has been for the past 
15 years.  The records indicate applicant received two Articles 15 for drug abuse; specifically he used 
marijuana on divers occasions over a 21-month period.  He subsequently admitted this at his administrative 
discharge board hearing.  Furthermore, member knew illegal drug use was incompatible with Air Force 
standards, but ignored those standards.  Although recommended to receive an Under Other Than Honorable 
Conditions discharge, member requested, and the administrative discharge board recommended, he be given 
a general discharge, which was granted.  Applicant now attributes his misconduct to youth, immaturity, and 
a lapse in judgment.  While the Board concluded the misconduct was a significant departure from conduct 
expected of all military members, and the seriousness of drug abuse outweighed his otherwise satisfactory 
service at the time, they also noted applicant was not involved in selling or distributing drugs, and but for 
these offenses, he was an exemplary airman and citizen, and has continued to be a good citizen since his 
discharge.  The Board found sufficient mitigation at this time to render the characterization of the discharge 
received by the applicant too harsh.  The Board found the testimony offered by applicant sufficient to 
warrant an Honorable discharge. 

COPCLUSIONS:  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, 

However, in view of the foregoing findings the board further concludes the overall quality of applicant's 
service is more accurately reflected by an Honorable discharge, and the reason for discharge is more 
accurately described as Secretarial Authority.  The applicant's characterization and reason for discharge 
should be changed to Honorable and Secretarial Authority under provisions of Title 10, USC 1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF 87/10/20 UP AFR 39-10, 
para 5-49c (Misconduct -  Commission of a Serious Offense).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 62/09/14.  Enlmt Age: 21 2/12.  Disch Age: 25 1/12. Educ:HS DIPL. 

AFQT: N/A.  A-79,  E-84,  G-66,  M-90. PAFSC: 55330 -  Engineering Assistance 
Specialist. DAS: 84/04/04. 

b.  Prior Sv: (1) AFRes 83/11/14 -  83/12/15 (1 month 2 days)(~nactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 83/12/16 for 4 yrs. Svd: 3 Yrs 10 Mo 5 Das, all AMS. 

b.  Grade Status:  AB  -  87/05/22 (Article 15, 87/05/22) 
A1C -  87/05/11 (Article 15, 87/05/11) 
SGT -  86/10/16 
SRA -  86/10/16 

c.  Time Lost:  none. 

! 

d.  Art 15's:  (1) 87/05/22, Grand Forks AFB, ND -  Article 112a.  You did, 

within the territorial limits of the United States, on or 
about 7 April 1987, wrongfully use marijuana.  Reduction to 
AB,  30 days correctional custody (Suspended until 21 Nov 
87).  Forfeiture of $329.00 pay per month for two months. 
(No appeal) (No mitigation) 

(2) 87/05/11, Grand Forks AFB, ND  -  Article 112a.  You did, 
at divers times between on or about 1 July 85, and on or 
about  30 Sep 86, wrongfully use marijuana.  Reduction to 
AlC, 30 days correctional custody  (Suspended until 10 Nov 
87).  Forfeiture of $420.00 pay per month for two months. 
(No appeal) (No mitigation) 

e.  Additional: none. 

f.  CM:  none. 

g.  Record of SV: 83/12/16 -  84/12/15  Grand Forks AFB  9  (CRO) 
84/12/16 -  85/10/01  Grand Forks AFB  9  (CRO) 
85/10/02 -  86/08/21  Grand Forks AFB  9  (CRO) 

86/08/22 -  87/08/21  Grand Forks AFB  5  (Annua1)REF 

(Discharged from Grand Forks AFB) 

h.  Awards &  Decs:  AFTR, AFGCM, AFOUA, SAEMR. 

i.  Stmt of Sv:  TMS: (3) Yrs  (11) Mos  (7) Das 
TAMS:  (3) Yrs  (10) Mos  (5) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01/06/04. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues. 
2. Five Character References. 
3. Transcript. 
4. U.S. Department of Transportation Breath Alcohol Testing Form. 
5. Newspaper Article. 
6. Medical Review Officer Report of Drug test Results. 
7. Federal Drug Testing Custody and Control Form. 

D E P A R T M E N T  O F  T H E  A I R   F O R C E  

H E A D Q U A R T E R S  3 2 1 S T  C O M B A T  S U P P O R T  G R O U P  ( S A C )  

G R A N D  F O R K S  A I R   F O R C E  B A S E ,  N O R T H  D A K O T A  5 8 2 0 5 - 5 0 0 0  

FD2001-0232 

REPLY TO 
ATTNOF 

JA 

14  Oct  87 

SUBJECT 

Legal  Review  o f   AFR  39-10  a c t i o n :  

1.  We  have  reviewed  and  found 
l e g a l  l y  s u f f i c i e n t   t h e   attached  39-10  separation 
a c t i o n   contingent  upon  i n c l u s i o n   i n  t h e   case  f i l e  o f   a medical  r e p o r t   c l e a r i n g  
t h e   respondent  f o r   separation  and  a  close-out  APR. 

2.  - BACKGROUND 

a.  The  respondent's  comnander  i n i t i a t e d   t h i s   a c t i o n   t o  e f f e c t   discharge  o f  

t h e   respondent  f o r  misconduct  pursuant  t o  AFR  39-10,  para  5-49(c).  The  com- 
mander  recommended  an  Under  Other  Than  Honorable  Conditions  Discharge  w i t h o u t  
probation  or  r e h a b i l i t a t i o n .  

b.  The  respondent  i s  e n t i t l e d   t o  a  board  hearing  i n  t h i s   case  and  i s  being 

processed  by  t h e   board  hearinglboard waiver  procedure  i n  section  C,  chapter  6, 
AFR  39-10.  The  respondent  was  given  f u l l   n o t i c e  o f   t h e   comnander's  recomrnenda- 
t i o n   f o r   discharge,  o f   t h e   reasons  f o r   i t  and  o f   t h e   l e a s t   favorable  t y p e   o f  
separation  authorized,  and  given  copies  o f   t h e   documents  supporting  t h e   recom- 
mendation  f o r   discharge.  Further,  t h e   respondent  was  advised  o f   the  r i g h t s  t o  
a  hearing  before  an  a d m i n i s t r a t i v e   discharge  board, 
t o  consult  and  be  represen- 
t e d   by  counsel,  t o  submit  statements  i n  a d d i t i o n   t o  o r   i n  1 i e u  o f  board  hearing, 
o r   t o  waive  any  o f   these  r j g h t s .   The  respondent  was  n o t i f i e d   by  l e t t e r  t h a t   an 
a d m i n i s t r a t i v e   discharge  would  be  convened  on  10  Sep  87  t o  consider  t h e   a l l e g a -  
t i o n s   made  against  him  i n  t h e   l e t t e r  o f   n o t i f i c a t i o n   from  t h e   respondent's  com- 
mander.  The  respondent  acknowledged  r e c e i p t   o f   s a i d   l e t t e r  on  4  Sep  87.  On 
10  Sep  87  an  a d m i n i s t r a t i v e   discharge  board  was  convened  pursuant  t o  AFR  39-10 
and  was  convened  pursuant  t o  special  order  AB-808. 

3. 

SUMIYARY  OF  THE  EVIDENCE 

a.  The  evidence  i n  t h e   case  f i l e  r e f l e c t s   t h a t   t h e   respondent  i n i t i a l l y  

entered  a c t i v e   duty  on  16  Dec  83  on  a  f o u r   year  enlistment.  Government  e x h i b i t  
n i n e   i s  an  A r t i c l e   15  which  charges  t h e   respondent  w i t h   wrongful l y  using 
niari juana  on  o r   about  7  Apr  87.  Said  e x h i b i t   shows  t h a t   respondent  waived  h i s  
r i g h t   t o  demand  t r i  a1  b y  court-mart i a1  and  accepted  non- j u d i c i  a1  punishment . 
Government  e x h i b i t   f i v e   i s  an  A r t i c l e   15  which  charges  t h e   respondent  w i t h  
w r o n g f u l l y   using marijuana  a t   various  times  between  on  o r   about  1 J u l   85  and  on 
o r   about  30  Sep  86.  The  docunient  r e f l e c t s   t h a t   t h e   respondent  d i d  waive  h i s  
r i g h t   t o  demand  t r i a l   by  c o u r t - m a r t i  a1  and  accept  non- j u d i c i a l   punishment. 

I n  

UNITED STATES AIR  FORCE 

SEPTEMBER  18,1947 

I 

addition,  qovernment  e x h i b i t   10  i s  a  statement  from  t h e   medical  u r i n e   t e s t i n q  
program  monitor  and  s a i d   document  s t a t e s   t h a t   the  respondent's  u r i n e   sample  was 
t e s t e d   by AFDTL,  Brooks  AFB,  Texas,  and  s a i d   t e s t   revealed  a  p o s i t i v e   r e s u l t  
f o r   marijuana.  The  t e s t   o f   t h e   sample  was  f o r   the  sample  c o l l e c t e d   on  7  Apr 
87. 

b.  The  respondent's  APRs  are  9,  9.  and  9  e a r l i e s t   t o   l a t e s t .   The  respon- 
dent  i s  e n t i t l e d  t o   wear  t h e   A i r   Force  T r a i n i n g   Ribbon  and  t h e   A i r   Force  Good 
Conduct  Medal. 

c.  An  A d m i n i s t r a t i v e   discharge  board  was  h e l d   on  10  Sep  87  t o  determine 

whether  t h e   respondent  should  be  discharged  f o r   misconduct. 

1 )   A f t e r   making  an  unsworn  statement,  respondent  presented  nothing 

f u r t h e r   i n  t h e   way  o f   testimony,  c a l l i n g   witnesses,  o r   presenting documentary 
evidence  t o   t h e   discharge  board. 

2)  The  recorder  and  respondent's  counsel  made  arguments  t o  t h e   board 

and  t h e   board  was  i n s t r u c t e d   b y   t h e   legal  advisor. 

3 )   The  a d m i n i s t r a t i v e  discharge  board  found  t h a t   respondent  d i d   commi t 

drug  abuse,  as  evidence  by  an  A r t i c l e   15,  dated 

a  serious  offense,  t o  w i t :  
5  May  87;  and  an  A r t i c l e   15  dated  18  May  87.  Further,  t h e   board  found  t h a t   t h e  
respondent  i s  subject  t o  discharge  because  o f   Misconduct  under  AFR  39-10,  Section 
H,  Chapter  5,  para  5-49(c).  The  board  found  as  w e l l   t h a t   respondent  was  e l i g i b l e  
f o r   probation  o r   r e h a b i l i t a t i o n   under  the  c r i t e r i a  o f   Chapter  7,  AFR  39-10. 
board  recomnended  that-be 
of  a  serious  offense,  drug  abuse,  under  para  5-49(c),  Chapter  5,  Section  H,  w i t h  
a  General  Discharge,  and  t h a t   he  n o t   be  o f f e r e d   r e h a b i l i t a t i o n  o p p o r t u n i t i e s  
w i t h   a  c o n d i t i o n a l   suspension  o f   discharge.  The  board  found  t h a t   probation  and 
r e h a b i l i t a t i o n  was  n o t   recbmmended  i n  t h a t   i t  i s  n o t   c o n s i s t e n t   w i t h   t h e   main- 
tenance  o f   good  order  and  d i s c i p l  i n e   i n  t h e   A i r   Force,  AFR  39-10,  para  7-3(c). 

discharged  because  o f   a  commi ssion 

The 

4 .   DISCUSSION 

a.  The  case  f i l e  r e f l e c t s   t h a t   the  respondent  i s  subject  t o  discharge  f o r  

h i s  misconduct,  namely  drug  abuse  pursuant  t o  AFR  39-10,  para 5-49(c). 
evidence  substantiates  t h a t   t h e   respondent  d i d   commit  misconduct  as  evidence  b y  
t h e   two  A r t i c l e   15s  issued  t o   him  f o r   drug  abuse,  s a i d   A r t i c l e   15s  being  issued 
on  5  May  87  and  18  May  87.  The  record  o f   t h e   a d m i n i s t r a t i v e   discharge  board 
and  t h e   case  f i l e  contain  no  e r r o r s   o r   i r r e g u l a r i t i e s   p r e j u d i c i a l   t o  t h e  
respondent's  r i g h t s .   Therefore,  t h e   respondent  i s  subject  t o  discharge. 

The 

b.  A  General  Discharge  as  recommended  by  t h e   a d m i n i s t r a t i v e  discharge 

I n  reviewing  t h e   respondent's  m i l i t a r y  
board  i s  appropriate  i n  our  o p i n i o n .  
record,  t h e   s i g n i f i c a n t   negative  aspects  o f   t h a t   record  outweigh  t h e   p o s i t i v e  
features  and  thereby  warrant  a  General  Ilischarge.  Suspension  of  t h e   discharge 
f o r   probation  and  r e h a b i l i t a t i o n   i s  n o t   warranted  i n  l i g h t  of  t h e   respondent's 
repeated  v i o l a t i o n s   of  A i r   Force  standards  and  t h e   UCMJ. 

OPTIONS  OF  THE  SPCM  AUTHORITY 

.--- 

I n  accordance  w i t h   AFR  39-10,  para  6-19  and  t a b l e   6-11,  you  may  as  a  Special 
Court-Martial  Convening  A u t h o r i t y :  

a.  D i r e c t   r e t e n t i o n   o f   t h e   respondent. 

b.  Approve  an  Honorable  Discharge  f o r   t h e   respondent. 

c .   Approve  a  General  Discharge  f o r   t h e   respondent. 

d.  Authorize  suspension  o f   t h e   discharge  f o r   p r o b a t i o n   and  rehabi 1 i t a t i o n .  

e.  D i r e c t   execution  o f   t h e   discharge  w i t h o u t   p r o b a t i o n   and  rehabi 1 i t a t  ion. 

6.  RECOMMENDATIONS -- 

recomnend  acceptance  o f   t h e   a d m i n i s t r a t i v e  discharge  b o a r d ' s   recomnendations 

We 
f o r   t h e   discharge  o f   t h e   respondent  w i t h   a  General  Discharge  c e r t i f i c a t e  
w i t h o u t   t h e   opportuni t ~ y  f o r   probat i o n   and  r e h a b i  1 i t  a t  i o n .   We  do  recommend  t h e  

1 s t   Ind,  321  CSGIJA 

TO: 

321 CSG/CC 

DEPARTMENT  OF THE  A I R   FORCE 

H E A D Q U A R T E R S  321 S T  C O M B A T  S U P P O R T  G R O U P  ( S A C )  

G R A N D  F O R K S  A I R   F O R C E  B A S E ,  N O R T H  D A K O T A  58205-5000 

FD2001-0232 

REPLY TO 
ATTNOF 

321 CES/CCQ 

SUBJECT 

Letter of Notification -  Board Hearing 

1.  I am recommending your discharge from the United  States Air Force for 
commission of a serious offense according to AFR 39-10, under the provisions of 
paragraph 5-49C.  Copies of the documents to be forwarded to the separation 
authority to support this recommendation are attached. 

2.  My reason for this action is your continued misconduct which includes: 

a.  Wrongful use of a controlled substance as shown by  the 5 May 87 Article 15. 

b.  Wrongful use of a controlled substance as shown by  the 18 May 87 Article 15. 

3.  This action could result in your separation with a "Under Other Than 
Honorable Circumstances" discharge.  I am recommending that you receive a UOTHC 
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. 

4.  You have the right to: 

a.  Consult legal couhsel. 

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. 

e.  Waive the above rights.  You must consult legal counsel before making a 

decision to waive any of your rights. 

5.  You have been scheduled for a medical examination.  You must report to the 
USAF Hospital GFAFB ND at 0700  hours on ,pac 7 3  

6.  Military legal counse 
at Bldg 230, has been obtained to assist 
you.  An appointment has been scheduled for you to consult him on  & J~~ 37 
at /mo  hrs.  Instead of the appointed counsel, you may have another, if the 
lawyer you request is in the active military service and is reasonably available 

UNITED STATES AIR  FORCE 

as determined according to AFM  111-1.  In addition to military counsel, you have 
the right to employ civilian counsel.  The Air Force does not pay expenses inci- 
dent 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, spe- 
cifying 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 state- 
ments  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 Statement as explained in AFR 39-10, attachment 6.  A copy of AFR  39-10 is 
available for your use in the orderly room. 

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

Sqadron Sect i o n -  commander 
321st Civil Engineering Squadron 

3 Atch 
1.  Article 15, 5 May 87 
2.  AF  Form 2731, 13 May 87 
3.  Article 15, 18 May 87