| ISSUES ~ INDEX NUMBER, ” EE,
494.05 AGT.70 ORDE

 

 

  

“APPLICATION FOR REVIEW OF DISCHARGE.

 

 

HEARING DATE.

20 AUG 02

| CASy NUMBER
FD2001-0545

 

1

2

3 | LETTER OF NOTIFICATION

4 | BRIEF OF PERSONNEL FILE

‘COUNSELS EEEEASE TO THEBOARD

ADDITIONAL FXIMBITS SUBMITTED AT TUM OF
PRRESONAL APPEAR ANCL

    
     
     

 

 

 

 

 

 

 

 

Case heard at Washington, D.C.

    
  

the AFRCMR.

Advise applicant of the decision of the Board, the right to a personal appearance, and the nght to submit an application to

 

SIGNATURE OF RECORDER

   
 

 

   

SAP/MIBR
S30 CSTRERT WEST, SUITE 40
RANDCHPH AFB, TX 7K1 50-4742

 

 

  

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

1535 COMMAND OF, EE WING. 3°? FLOOR

ANDREWS APB. ML 20763-7002

 

AFHO FORM 0-2077, JAN 00.

 

Previous edition will be used. _
CASK NUMBFR

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE =} eng) _o545

 

GENERAL, The applicant appeals for upgrade of discharge to Honorable, and to change the Reason and
Authority for discharge.

The appheant was offered a personal appearance belore the Discharge Review Board (DRB) but declined ta
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.

ISSUE: The applicant ts not contending that his discharge was inequitable. [le would like his discharge
upgraded so that he will be eligible for education benefits. ‘he Board reviewed the entire record and found
no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records
indicated the applicant received an Article 15 for wrongfully using marijuana. ‘The DRB took note of the
applicant's duty performance as documented by his performance reports, nominations for awards, 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 drug abuse was a significant
departure from the conduct expected of all military members. The Board found no evidence of impropriety
OT inequity in this case on which to base an upgrade of discharge.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the dischargc rceulation and was within the discretion of the
discharge authority and that the applicant was provided full administrative duc process.

in view of the foregoing findings the board further concludes that there exists no legal or equitable basis tor
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2001-0545
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

{Former AlC} {HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 01/04/02 UP AFT 36-3208,
Para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Discharge and to
Change the Reason and Authority for Diach.

2. BACKGROUND:

a. DOB: 80/04/15, Enimt Age: 17 9/12. Disch Age: 20 11/12. Educ:HS DIPL.
AFOT: N/A. A-56, E-62, G-55, M-58. PAFSC: 2A651A - Aerospace Propulsion Jet
Engines Journeyman. DAS: 99/01/03.

b. Prior Sv: (1) AFRes 98/02/09 - 98/07/28 (5 montha 20 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Unlisted as AlC 98/07/29 for 4 yrs. Svd: 01 ¥ra 08 Mo O4 Das, all AMS.

bh. Grade Status: AlC - 01/03/05 (Article 15, 01/03/05)
SRA - 00/11/29

ce. Time Lost: none.

qd. Art 25's: (1) 01/03/05, Seymour Johnson AFB, NC - Article llZa. You
did, between on or about 30 Oct 00, wrongfully use
Marijuana. Reduction to AilC, forfeiture of $250.00 pay
per month for 2 months, and a reprimand.
(No appeal) {No mitigation)

@, Additional: none.

ff. CM: none.

g. Record of SV: 98/07/29 - 00/03/28 Seymour Johnson AFB §& (Initial)
(Discharged from Seymour Johnson AFB)

h. Awards & Decs: AFTR, AFOUA,

i. Stmt of Sy: TMS: (03) Yra (01) Mos (24) Das
TAMS: (O1} Yra (08) Mos {04) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/10/04.

(Change Discharge to Honorable and Change the Reason and Authority for
Discharge}
FD2001-0545

ISSUES ATTACHED TO BRIEF.

ATCH

1. Applicant's Issues,

2. DD Form 214.

3. Letter of Reference.

4. Letter of Appreciation.

&. Certificate of Outstanding Achievement.

02/03/26/ia
PD BAY - 9 SYS

 

ties being of sound, mind, and heart would request that the
character of my discharge be changed to honorable. T honestly believe that my service in
the Airforce was honorable, and that my miscondifel in no way can outweigh the
excellence that I exemplified within my flight, squadron, and the U.S. Airforce.

While at basic training | marched the flight in drill competition, and was the
leader of the percussion section in the BMT marching band. After completing basic
training, the task of completing technical school at Sheppard AFB was in front of me. At
technical training I continued to excel, I was named student of the month, and held the
title of having the dormitory room of the month simultaneously. Even while maintaining
an “A” average | was a key member of the 361 st training squadrons flag football team, I
graduated with a 98% average.

After the completions of basic and technical training I received my first duty

assignment. ! was assigned to the 4th fighter wing at Seymour-Johnson AI'B. While
there I was a member of the Seymour-Johnson honorguard where | received recognition
fot being the most improved airman, and airman of the month. As a member of the
component repair squadron | reccived the golden belt award, and made a superior ratings
on EPR’s before making the greatest mistake of my life. I volunteered time at the St.
Stevens Soup Kitchen, Meals on Wheels, and the Airman’s Attic.

Furthermore, as a member of the 4th CRS, I completed upgrade training and
became a 5 level mechanic, and trained new airmen. My mechanical abilities as a young
airman were beyond the average airman. My expertise contributed to the flights
production of 240 engines in twelve months. As a result I was also a recipient of the
Airforce Outstanding unit award.

In conclusion, I have realized that 1 have made a grave mistake, and I feel that I
have let my superior and comrades down and demolished my chances of being one of the

finest technicians assigned to the 4th CRS. [have also realized that my misconduct was:

simply because of immaturity, hanging with the wrong crowd, and poor decision making
FRACO(- OS¢S

_ off duty. T really regret the mistake [ made. | am now recovering as a civilian, but
underneath my clothes I am still Airforce blue. Tam now a full-time student of National
Aviation Academy where | will continue my education in the Aerospace career field.
Upon graduation, I will have an associates in Aviation Maintenance Technology,
Airframe and Powerplant liscenses, and federal communications certification license. It
is very hard to survive without my educational benefits. Work is scarce, and my parents
have helped as much as they can. If] can’t get any assistance I will have to drop out of
college. The benefits will help both my parents and I. My main concern is getting an
honorable discharge. My service in the Airforce was outstanding and honorable except
for the one isolated incident which led to my administrative discharge. I apologize for my
misconduct, and would like to thank you for your time and consideration. Last but not
least with my country being in war I hope that I will become eligible for enlistment again
in the reservoirs, guard, or active duty in the military if not the Airforce. Once again I

apologize for my misconduct, and would like to thank you for your time and

considerations.
: : , et. i ~ 5S
JEPARTMENT OF THE AIRFORL.. — FPP REO" OS 7

— 4TH FIGHTER WING (ACC)
SEYMOUR JOHNSON AIR FORCE BASE NC

   

uit

28 March 200]

MEMORANDUM FOR 4 FW/CC

FROM: 4 FW/TA

  
 

SUBJECT: egal F CLS ¢ Under AFT 36-3208, Chapter 5, Section H, Paragraph 5.54,

CRS

tomers y: The 4th Component Repair Squadron Cormmander has recommended tha

rbe discharged from the Air Force for misconduct, specifically drug abuse. Tue vasis 11 uns
recommendation is AFI 36-3208, Chapter 5, Section H, Paragraph 5.54. The commander recommends a
general discharge without a period of probation and rehabilitation (P&R). The respondent 1s eligible for,
and has been processed by, notification procedures in accordance with AFI 36-3908 Parasranh 6.2. ‘The
respondent consulted counsel and did submit a statement in his own behalf « Istalement
is at Tab a.

  

2, BASIS FOR ACTION: On or about 30 November 20033 — - Mie rovided a consensual urine
specimen. On or about 20 December 2000, his commander was notified that ihe specimen he provided
iested positive for the presence of tetrahydrocannabinol (THC). On or about 23 February 2001, ther

vas ptven an Article 15 for wrongtully using marijuana, resulting in his demotion to Airman
First Class.

3, EVIDENCE FOR THE RESPONDENT: sues 20 years old’ and has served on active
duty since 29 July 1998, The respondent has received one enlisted performance report, with a rating of
five (5). In his statemen tai cinowledges that through his own misconduct, he has failed
to meet his goals in the Air Force and that he let his commander down. Ife requests an honorable

discharge.
4. ERRORS AND IRREGULARITIES: None

5. CONCLUSIONS:

a. Discharge is appropriate under AFI 36-3208, Chapter 5, Section H, Paragraph 5.54, which states
that drug abuse is incompatible with military service and that airmen who abuse drugs one or more times
are subject to discharge for misconduct. Members who abuse drugs adversely affect the ability of the Air
Force to maintam discipline, good order, and morale; foster mutual trust and confidence among members;
facilitate assignments and worldwide deployment; récruit and maintain members; maintain public
acceptability of military service and prevent breaches of secunity. A member found to have abused drugs
will be discharged unless the member mects ali seven of the criteria listed in AFI 36-3208, Paragraph
5.55.2.1, ‘The burden for proving these criteria is on the member, according to paragraph 5,55.2.2.

bhas not presented any evidence to show he meets the seven criteria necessary for

retennioni.

Global Power For America
PD2c0f- OFFS

b, Characterization of Service: J concur with the commander's recommendation of a pencral
discharge. According to AFI 36-3208, Paragraph 5.48.4, an honorable characterization 1s appropriate ina
discharge for misconduct when “the member’s record has been so memniorious that any other
characterization would be clearly inappropriate.” In such cases, the GCM convening authority approves
the service characterization. On the other hand, a general discharge is Warratited, according to paragraph
1.18.2, when “significant negative aspects of the airman’s conduct or performance of duty outweigh

positive aspects of the airman’s military record. RRR! abuse of drugs outweighs
the positive aspects of his service; therefore, a gencral discharge 1s appropriate

c. Probation and Rehabilitation: Members approved for discharge for drug abuse are not eligible for
probation and rehabilitation in accordance with AFI 36-3208, Paragraph 7.2.6.

' 6 LEGAL SUFFICIENCY: This: case file is legally sufficient, contingent upon a finding that the
respondent is medically qualified for worldwide duty.

7. OPTIONS: As the separation authonty, you have the following options in this case:

a. Retain the respondent; or

b. Approve separation and discharge the respondent with a general discharge without probation and
rehabilitation; or

¢. Approve separation and recommend to the 9 AF/CC that the respondent be discharged with an
honorable discharge without probation and rehabilitation; or

d. If you believe an under other than honorable conditions (VOTH) discharge is appropriate, return
the case file to the squadron commander and direct processing by administrative board procedures [AW
AFI 36-3208, paragraph 6.13.

 

8. RECOMMENDATION: ‘That you approve the separation of - in
Aa Force with a general discharge, without probation and r a bilitation, by signing the attached

tncimorandum.

 

“Staff Judge Advocate

  

Attachment: |
| | Fpreo/-osts”
DEPARTMENT OF THLE AIR FOR... 4
ATH FIGHTER WING (ACC)
SEYMOUR JOHNSON ATR FORCE BASH NC

 

22. MAR ©|

MEMORANDUM FOR A1 qi B4CRS

 

FROM: 4 CRS/CC
SUBJECT: Notification Memorandum

1. Tam recommending your discharge from the United States Air Force for misconduct, specifically drug
abuse. The authority for my recommendation is ATPD 36-32 and AFI 36-3208, Chapter 5, Section H,
Paragraph 5.54. Pursuant to table 1.3 and paragraph 5.48 of AFI 36-3208, your service can be
characterized as honorable, general or under other than honorable conditions. | am recommending your

service be characterized as general.

2. My reason for this action: On or about 30 November 2000, you consented to provide and provided a
urine specimen, On or aboul 20 December 2000, | was notified that the specimen you provided tested
positive for Tetrahydrocannabinol (THC). On or about 23 February 2001, you were given an Article 15
for wrongfully using marijuana, resulting in your demotion to Airman First Class. This is evidenced by
an AF Form 3070, dated 23 February 2001, with attachments (‘Fab 1a).

3, Copies of the documents to be forwarded to the ‘separation authority in support of ihis
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, and if you are discharged, how your
service will be characterized, If you are discharged, you will be ineligible for reenlistment m the Air
Force. .

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you. I have
Imade an appointment for you to consult Captain gee Arca Defense Counsel, at 1185 Cannon
Strect, Suite 308, Seymour Johnson AFR NC. The Area Defense Counsel can be reached at ext. 2-5345

or DSN 722-5345. Your appointment has been scheduled on 2>Her Ol (date) at_O@BZO
(time). 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 by 21 Her OL (allow three duty days) unless you request
and receive an extension for good cause shown. J will send them 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 da so.

7. You have been scheduled for a mandatory medical examination ‘at the Physical Examination Section,
4th Medical Group, Seymour Johnson AFR, at 0930 hours on 20 March 2001. You are scheduled for a
mandatory follow-up examination at Family Practice (Gold Team) at 1015 hours on 20 March 2001.
You must report 15 minutes prior to each appointment time.

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PDZAH- OS FS

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of
AFI 33-332 is available for your use at the unit orderly room or the Arca Defense Counsel office,

9, Execute the atlached acknowledgement and return it to.me immediatcly.

 
  

- ajor, USAF

 

Commander

Attachments:
Supporting Documentation:

a. AF Form 3070, dated 23 February 2001 w/atchs