AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

TYPE

GEN X PERSONAL APPEARANCE RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO

Xx

 

 

 

 

 

MEMBERS SITTING HON GEN UOTHC OTHER DENY

 

 

 

 

 

  

ISSUES
A94.11

INDEX NUMBER

A 67.70

 
     
   
 
 

 

   

3

 

   

7 :
APPLICATION FOR REVIEW OF DISCHARGE

   

HEARING DATE CASE NUMBER 4 |
112102 FD2001-0310 | | COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
mm TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AI8 FORCE DISCHARGE REVIEW DECISIONAL RATIONALE.
“i 3 hs : lh e e oer ‘ 3 a aid santiy pe

Case heard at Dobbins ARB GA

Advise the applicant of the decision of the Board and the right to submit an application to the AFBCMR

   

 

SIGNATURE OF RECORDER a wn SIGNGTURE OF BOARD PRESIDENT

    

 

   

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
350 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3° FLOOR

ANDREWS AFB, MD 20762-7002
Previous edition will be used.

 

     

AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 2001-0310

GENERAL: The applicant appeals for upgrade of his general discharge to honorable, for a reenlistment
code that would permit him to reenter the military and a change to the narrative reason for which he left the
military. The applicant appeared and testified before the Board with counsel at Dobbins ARB GA on

November 21, 2002.

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

FINDINGS: The applicant’s request to upgrade his general discharge to honorable, for a reenlistment code
that would enable him to reenter the military and to change the narrative reason for his discharge is denied.

Issue: The applicant contends that he was unjustly separated from the Air Force based upon erroneous drug
charges, that co-workers and supervisors ostracized him, and that he was detailed to perform the “worst
work assignments”. Careful review of the file and the evidence provided by the applicant failed to support
his claims. Five different airmen reported the applicant smoked marijuana. Two related the applicant
purchased marijuana and then shared it with others. In his testimony before the board, the applicant
admitted that these airmen were his friends. He denied using drugs with them or even being aware they
were using drugs. While he claims they concocted a story to implicate him in retaliation for their erroneous
belief that he had turned them in, he could not explain why they would suspect him if he was unaware they
were using drugs. When the applicant’s misconduct was discovered, he testified his commander removed
him from his duty section. For that reason, and not because he was being mistreated, the applicant became
available to perform details around the base. When the applicant was offered nonjudicial punishment, he
met with counsel and elected to accept the Article 15 rather than present his case to a court-martial. When

he met with his commander to accept his punishment, he admitted that he had used marijuana. Based on the
foregoing, the board could find neither an inequity nor an injustice which would justify granting relief in
this case.

The Board also reviewed and considered the applicant’s entire service record before making a decision.

CONCLUSIONS: The Discharge Review Board concludes 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 the full administrative due process.

In view of the foregoing findings the board further concludes there exists no legal or equitable basis for
upgrade/change of reason for discharge and change of the RE code. 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
FD2001-0310

ies. (Former AB) (REHEARING)

1. MATTER UNDER REVIEW: Appl rec’d a Gen Dish fr USAF 97/12/05
UP AFI 36-3208, para 5.54 (Misconduct - Drug Abuse). Appeals for
HON Disch, Change the Reason for Discharge, and Change the RE
Code.

2. OTHER FACTS:
a. See attached copy of Examiner’s Brief dated 01/04/27.

b. The AFDRB reviewed case on 01/06/20 (non-appearance with
counsel) & concluded applicant’s discharge should not be changed.

3. BASIS ADVANCED FOR REHEARING: Appl (DD Fm 293) dtd 01/07/26.
(Change Discharge to Hononorable, Change the Reason and
Authority, and Change the RE Code)

ISSUES ATTACHED TO BRIEF.

Atch

1. Examiner’s Brief, 01/04/27.
2. Petitioner’s Brief.

01/08/06/ia
FD2001-0310

FD01-00123
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
, ANDREWS AFB, MD

er (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.
AFQT: N/A. A-90, E-36, G-39, M-37. PAFSC: 2T031 - 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 A1C 96/08/28 for 4 yrs. Svd: 1 Yrs 3 Mo 8 Das, all AMS.

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

c. Time Lost: none.

 

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

e. Additional: none.
£. CM: none,

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

h. Awards & Decs: AFTR.

1. Stmt of Sv: TMS: (01) Yrs (06) Mos (20) Das
TAMS: (01) Yrs (03) Mos (08) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 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, 1997 for alleged use of marijuana. At
the time of his separation, his DD Form 214 reflected a separation code of JKK,
FD2001-0310

a re-entry code of 2B and a narrative reason for separation reflecting
FD01-00123

"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 of this delemma
was to admit to the marijuana use in order 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 code 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
FD2001-0310

PETITIONER’S BRIEF

1. Petitioner: Qaiaiipanentie:

2. Address: sil

  
 
 

3. Petitioner’s Representative: Jitight

4. Relief Sought:

Petitioner seeks an upgrade of the separation code, the re-entry code and the
narrative of his DD Form 214.

5. Basis for Relief:

Petitioner was, in error and unjustly, separated from the United States Air Force on
December 5 1997 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 “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 of this dilemma was to admit to the marijuana use in order 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 petitioner 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
FD2001-0310

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 code and the narrative of these dd Form 214. Based
upon the circumstances described in the petition and the documents attached hereto,
petitioner respectfully request those upgrades.

6. Exhibits
a. Petitioner’s Affidavit
b. Record of Investigation
C. National Personnel Records Center File

Respectfully submitted,

   

Attorney for Petitioner

CERTIFICATE OF SERVICE
] HEREBY CERTIFY that the original of this Petition was served by Federal Express to The
Air Force Discharge Review Boar cg ae: SAF/MIBR, 550-C Street West, Suite 40,
Randolph AFB, TX 78150-4742 on this 18th day of Januaty.2001.
FD2001-0310

e

DEPARTMENT OF THE AIR FORCE

PACIFIC AIR FORCES
DEC 2 |997

MEMORANDUM FOR 3 WG/CC
FROM: 3 WG/JA

SUBJECT: Legal Review - Administrative Discharge -

 

|. +]? as been recommended for discharge by the 3rd Transportation Squadron
Commander, pursuant to AFI 36-3208, paragraph 5.54, for misconduct based on drug abuse.
The reasons set forth in the Commander’s Recommendation for Discharge Letter, with
accompanying documentation, are legally sufficient to support discharge action under this
provision of the instruction. Mies medically cleared for separation.

2. FACTS: The following event forms the basis for this discharge action:

 

Between on or about 1 Apr 97 and on or about 30 Apr 97, theng a Pdid, 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 IAP tt not to submit a statement for consideration.
(See Tab 6.) a

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. apie: no documented
incidents of misconduct or drug abuse other than the Article 15 for marijuana use. 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 lial: retained,

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

c. Direct gfiiiipe be separated from the United States Air Force with a General Discharge.
FD2001-0310

d. Direct iit bc retained for processing under Chapter 6, Section C (Board Hearing) if

Discharge.

8. RECOMMENDATION: I recommend you discharges? from the United States Air
Force under the provisions of AFT 36-3208, paragraph 5.54. I further recommend you approve a
General Discharge. abet: ineligible for P&R.

  
   

Be Capt, USAF
Chief, Administrative Law

I concur.
Attachment:
Case File (

Speen: Colonel, USAF
staff Judge Advocate
FD2001-0310

DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES
NOV 17 1997

MEMORANDUM FOR 3 TRNSS/LGTT Qa

FROM: 3 TRNSS/CC
SUBJECT: Notification Memorandum

1. [am 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 recommendation is approved, your service will be characterized as honorable, general, or

under other than honorable conditions. I 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 SPCM jurisdiction 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 ineligible
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 Jegal counsel has been obtained to assist
you. I have made an appointment for you to consulate. at Bldg 6-920,
Rm 330 on (8 Nov G7 atl {90 | 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 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
FD2001-0310

(drink water only) for 14 hours, refrain from alcohol for'72 hours, and reftain 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 14 AS on /8 Woy 7 . You have also been scheduled
for a TMO Household Goods Shipment preprocessing briefing. You must report to Bldg 2-900

(People Center), Rm 247 at_O on &!l Nov 41. You must be in uniform for

all appointments.

9. Any personal information you furnish in rebuital 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
10 U.S.C. 2005(g).

    

Lt Col, USAF

Attachment:
Article 15, 27 Oct 97