AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

I 

CASE NUMBER 
FD2002-000 1 

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 right. 

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

FINDINGS:  Upgrade of discharge, change of reason for discharge and change of RE code are denied. 

The board finds that neither the 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.  Applicant  contends discharge  was inequitable because  it  was too harsh  and  also contends that he 
should not be penalized  indefinitely for a mistake he made when young.  The information provided by the 
applicant  and  contained  in  his  records  was  carefully  reviewed  by  the  DRB.  The  records  indicated  the 
applicant received an Article  15 for misconduct.  The misconduct was for wrongfully using marijuana.  The 
DRB recognized  the applicant was 20 years of  age when the discharge took place.  However, there is no 
evidence  he  was  immature  or  did  not  know  right  from  wrong.  The  Board  concluded  the  misconduct 
outweighed the otherwise satisfactory performance of this member.  The characterization  of the discharge 
received by the applicant was found to be appropriate. 

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 

DEPARTMENT OF THE  AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD2002-0001 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 97/09/18 UP AFI 36-3208, 
para 5.54 (Misconduct -  Drug Abuse .  Appeals for an Honorable Discharge, to 
Change the Reason and Authority for Discharge, and to 

Change the RE Code. 

2.  BACKGROUND: 

a. DOB: 76/10/20.  Enlmt Age: 19 0/12.  Disch Age: 20 10/12. Educ:HS DIPL. 
AFQT: N/A.  A-34,  E-54,  G-52,  M-48. PAFSC: 33731 -  Fire Protection Apprentice. 
DAS: 96/10/31. 

b.  Prior Sv: (1) AFRes 95/11/19 -  96/04/30 (5 months 11 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 96/05/01 for 4 yrs. Svd: 01 Yrs 04 Mo 18 Das, all AMs. 
b.  Grade Status:  AB -  97/08/05 (Article 15, 97/08/05) 

AMN -  Unknown 

c.  Time Lost:  none. 
d.  Art 15's:  (1) 97/08/05, Luke AFB, AZ -  Article 112a.  You did, within 

the Continental United States, between on or about 16 
Jun 97  and on or about 18 Jun 97, wrongfully use 
marijuana.  Reduction to AB.  (No appeal) (No 
mitigation) 

e.  Additional: none. 

f .   CM:  none. 
g.  Record of SV: none. 

(Discharged from Luke AFB) 

h.  Awards &  Decs:  AFTR. 
i.  Stmt of Sv:  TMS:  (01) Yrs  (09) Mos  (31) Das 
TAMS:  (01) Yrs  (04) Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/01/03. 

(Change Discharge to Honorable, Change the Reason and Authority for 

Discharge, and Change the RE Code.) 

FD2002-0001 

Issue 1:  I was nineteen years old and I made a mistake.  I smoked marijuana 

and failed pee test.  I have not repeated this mastake. 

Issue 2:  At that time I requested any program available so that I could 

stay in.  There were no programs available.  The programs had been suspended 2 
months before my mistake, and reinstated 3  months after I was discharged.  My 
father did 24 years in the military.  I would like r t y  discharge upgraded so that 
I can enlist and continue a tradition.  I am now 25 years old and much wiser.  I 
truly would like to enlist in the military and serve my country to the best of 
my ability.  All help in this matter would be greatly appreciated.  Thank you. 

ATCH 
1. Memorandum. 
2 .   DD Form 214. 

02/05/07/ia 

DEPARTMENT OF THE AIR FORCE 

56th Fighter Wing (AETC) 
Luke Air Force Base Arizona 

MEMORANDUM FOR CC 

FROM:  JA 

SUBJECT: 

of Administrative Discharge - AB 
56 CES 

1.  ACTION:  This case is before you for review and action in your capacity as discharge 
authority.  The 56 CES/CC recommends the respondent be separated from the United 
States Air Force with a general discharge without probation and rehabilitation pursuant to 
AFI 36-3208, paragraph 5.54, for Drug Abuse.  I concur. 

2.  BACKGROUND: The respondent is 20 years old, and has served approximately 2 
years and 1 month of a current 4 year enlistment.  AQE scores are:  A - 34; E - 54; G - 52; 
and M - 48.  The respondent is entitled to wear the Air Force Training Ribbon. 

3.  FACTS:  On or about 16 Jun 97 and on or about 18 Jun 97, AB 
marijuana.  His use was discovered as the result of a statement made to the AFOSI on 9 
Jul97 that he had used marijuana between 16 Jun 97 and 18 Jun 97.  His use was 
confirmed as the result of  a voluntary consent to a urinalysis. 
4.  RESPONDENT’S MATTERS:  The respondent has met with military counsel and has 
elected not to submit a statement regarding this discharge action. 

wrongfully used 

5.  CHARACTERIZATION OF DISCHARGE: The respondent’s commander has 
recommended a general service characterization for this term of service which began on 
1 May 96.  A general discharge is appropriate in misconduct cases in which an under 
other than honorable conditions discharge is not warranted.  The misconduct in this case 
is not so serious as to warrant an under other than honorable conditions service 
characterization. 

A discharge under this paragraph may only be characterized as honorable if the 
member’s record is so meritorious that any other characterization would be clearly 
inappropriate.  AB 
evidence that his service during that time is so meritorious a general discharge is 

eceived an Article 15 dated 5 Aug 97 for drug use.  There is no 

inappropriate. Thus, I concur with the squadron commander’s recommendation for a 
general discharge. 

6. PROBATION AND REHABILITATION: In accordance with AFI 36-3208, Chapter 
7,  members being separated for drug abuse are not eligible for probation and 
rehabilitation.  In addition, IAW paragraph 5.55.2, a member found to have abused drugs 
shall be discharged unless they meet all seven of the following retention criteria: 

- 

a.  The drug use is a departure from the member’s usual and customary behavior. 

b.  Drug abuse occurred as the result of drug experimentation. 

c.  Drug abuse does not involve recurring incidents, other than drug 

experimentation as defined above. 

d.  The member does not desire to engage in or intend to engage in drug abuse in 

the future. 

e.  Drug abuse under all the circumstances is not likely to recur. 

f.  Under the particular circumstances of the case, the member’s continued 

presence in the Air Force is consistent with the interest of the Air Force in maintaining 
proper discipline, good order, leadership, and morale. 

g.  Drug abuse did not involve drug distribution. 

The burden of proving that retention is warranted rests with the member.  There has 
been no evidence presented that the member meets the retention requirements identified 
in paragraph 5.55.2. 

7.  LEGAL SUFFICIENCY:  There is sufficient factual basis to support discharge. 
substantial compliance with the provisions of 
Further, this file has been 
AFI 36-3208.  Finally, AB 
been notified of this discharge and has had an 
opportunity to respond.  For these reasons, we find the case file is legally sufficient 
subject to either a review of the airman’s medical records or the inclusion of the discharge 
physical. 

8. OPTIONS:  As the discharge authority you have the following options: 

a.  Separate the respondent with a general discharge; or 

b.  Forward the case to 19AF/CC recommending the respondent receive an honorable 

discharge; or 

c.  If you feel an under other than honorable conditions discharge is appropriate, return 

the package to the squadron for processing in accordance with administrative discharge 
procedures. 

9.  RECOMMENDATION:  Based on the foregoing, I recommend you separate the 
respondent from the United States Air Force with a general discharge. 

Staff Judge Advocate 

DEPARTMENT OF THE AIR FORCE 
56th Civil Engineering Squadron (AETC) 

Luke Air Force Base, Arizona 

MEMORANDUM FOR 

FROM:  CC 

SUBJECT:  Notification Letter 

56 CES 

 

I

,

1.  I am recommending your discharge from the United States Air Force for Drug Use. 
The authority for this action is AFPD 36-32 and AFI 36-3208, section H, 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 is, that you did between on or about 16 Jun 97 and on or 
about 18 Jun 97, wrongfully use marijuana.  This is evidenced by an AFOSI Report of 
Investigation, dated 16 Jul97.  For this misconduct, you received Article 15 punishment 
on 5 Aug 97. 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special court martial 
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 United 
States Air Force, and any special pay, bonus, or education assistance funds may be 
subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to 
assist you.  An appointment for you to consult the Area Defense Counsel, Captain 
7  at  0900  hours.  You may consult civilian counsel at your own 
expense. & 
for 24  Atr 

at Building 1150, Suite 3015, Luke Air Force Base, Arizona, has been scheduled 

5.  You have the right to submit statements in your own behalf.  Any statements you want 
unless you request 
the separation authority to consider must reach me by 
and receive, in writing, an extension for good cause. 
statements you 
submit to the separation authority as part of this package. 

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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 must retrieve your medical records from 56th Medical Group Hospital Outpatient 
Records Section and report to Physical Examinations Section, building 810, with your 
medical records and a copy of this discharge package for medical review andor 
examination. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act 
Statement as explained in AFI 36-3208.  A c 
in the Orderly Room. 

I 36-3208 is available for your use 

Commander 

Attachments 
1.  Report of Investigation, dated 16 Jul97 
2.  AF Form 3070, dated 5 Aug 97 
3.  Submission of Matters