AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 
FD2002-0046 

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 of discharge, thus the applicant's discharge should not be changed. 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD2002-0046 

(Former AMN)  (HGH  A1C) 

1.  MATTER UNDER-REVIEW: 
para 5.54 (Drug Abuse).  Appeals for Honorable Disch. 

Appl  rec’d a GEN Disch fr USAF 95/09/08 UP A61 36-3208, 

2.  BACKGROUND: 

a. DOB: 74/11/05.  Enlmt Age: 18 2/12.  Disch Age: 20 10/12. Educ:HS DIPL. 

AFQT: N/A.  A-65,  E-48,  G - 5 9 ,   M-39. PAFSC: 3P031 - Security Apprentice. 
DAS: 95/05/16. 

b.  Prior Sv: (1) AFRes 93/01/14 -  93/02/08 (25 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a. 

b. 

Enlisted as AB 93/02/09 for 4 yrs. Svd: 02 Yrs 07 Mo 0 0   Das, all AMs 
Grade Status:  AMN -  95/07/26 
A1C -  94/06/19 

C. 

Time Lost:  none. 

d. 

Art 15’s:  (1) 95/07/26, Nellis AFB, NV  -  Article 112a.  You did, 

between on or about 8 May 95, wrongfully use 
methamphetamines.  Reduction to Amn, 30 days 
restriction, and 30 days extra duty.  (No appeal) (No 
mitigation) 

e. 

Additional: none. 

f. 

CM:  none. 

9- 

Record of SV: 93/02/09 -  94/10/08  Bolling AFB  5  (Initial) 

94/10/09 -  95/03/22  Bolling AFB  3  (CRO) 

(Discharged from Nellis AFB) 

h. 

i. 

Awards &  Decs:  AFTR, NDSM. 
Stmt of Sv:  TMS: (02) Yrs  (07) Mos  (25) Das 
.  TAMS: (02) Yrs  (07) Mos  ( 0 0 )   Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/01/24 

(Change Discharge to Honorable) 
Issue 1:  I believe my  discharge was inequitable because it was based on one 

isolated incident in 24 months of  service with no other adverse action 

FD2002 - 0 04 6 

ATCH 
none. 

02/05/14/ia 

, 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS USAF WEAPONS AND TACTICS CENTER (ACC) 

NELLIS AIR  FORCE BASE, NEVADA 

MEMORANDUM FOR 554 SPTG/CC 

FROM:  JA 

SUBJECT:  Legal Review of Administrative Discharge Proceedings Under AFI 

1.  Background:  On 17 Aug 95, the Squadron Commande 
Operational Flight, recommended that the respondent Amn 
discharged for drug abuse under AFPD 36-32 and AFI 36-3208, paragraph 5.54, with a 
general service characterization and no opportunity for probation and rehabilitation 
(P&R).  The case is being processed by notification procedure.  As the separation 
authority, you have the following alternatives: 

a.  Direct that the respondent be retained; 

b.  Recommend to the general court-martial convening authority that the 

respondent receive an honorable service characterization, with or without P&R; 

c.  Direct that the respondent be discharged with a general service 

characterization, with or without P&R; or, 

d.  Direct reinitiation of this case IAW AFI 36-3208, Chapter 6, Section C, 

Board Hearing or Waiver, if you believe an under other than honorable conditions 
service characterization is warranted. 

2.  Facts: 

a.  For the Government:  A preponderance of the evidence establishes that 

the following incident occurred during the respondent's current enlistment: 

, 

Date 
8 May 95 - 
15 May 95 

Incident 

Act ion 

. Wrongful use of 
methamphetamines 

Article 15, 31 Jul95 

b.  For the Respondent: The respondent is a 20 year-old airman with 2 years 
and 6 months of active military service.  He has received two performance reports 
with the overall ratings of 3 and 5.  He is entitled to wear the AF Training Ribbon 
and National Defense Service Medal.  His test scores are:  Admin-65, Elec-48, 
Gen-59, Mech-39.  Respondent consulted military legal counsel and submitted 
statements for your consideration. 

c.  This information may be considered to determine whether the respondent 
is subject to discharge, whether he should be discharged, and if discharged, the 
character of service. 

3.  Errors and Irreaularities: There are no errors or irregularities prejudicial to the 
substantive rights of the respondent.  This legal review is contingent upon the 
respondent being given a physical exam and being found qualified for world-wide 
duty. 

4.  Conclusions: 

a.  The file has been prepared in substantial compliance with AFI 36-3208 

and is legally sufficient. 

b.  A member is subject to discharge for drug abuse to include illegal, 

wrongful, or improper use, possession, sale, transfer, or introduction onto a 
military installation of any controlled substance.  In this case, respondent 
admitted to the use of methamphetamines and accepted nonjudicial punishment. 
Therefore, he is subject to discharge for drug abuse.  The serious nature of this 
incident also shows that the respondent should be discharged. 

c.  Respondent has submitted a statement from defense counsel supporting 
his request to remain in the Air Force.  In this statement, IAW AFI 36-3208, when 
a commander has information indicating a member is subject to discharge for 
drug abuse, he must evaluate the specific circumstances of the offense, the 
member's records, and the member's potential for future service before taking 
action to either initiate discharge action or request a waiver of discharge.  In this 
case, 554 SPOFKC did consider these factors and made the decision to initiate 
discharge. 

d.  Service may be characterized as under other than honorable conditions 

(UOTHC) only if the respondent is given an opportunity for a hearing by an 
administrative discharge board.  The service of a member discharged for 
misconduct may be characterized as honorable only if the member's record has 
been so meritorious that any other characterization would be clearly 
inappropriate.  A general characterization is warranted if the negative aspects of 
an airman's conduct or performance outweigh other aspects of the airman's 
military record.  In this case, due to the respondent's cooperation with AFOSI, his 

. 

commander did not pursue court-martial action.  However, the respondent’s 
commander feels the member should be discharged but does not recommend he 
receive an UOTHC service characterization.  The seriousness of the incident by 
the respondent substantially outweighs any positive aspects of his military 
service record. Thus, the general service characterization recommended by the 
respondent’s squadron commander is warranted and appropriate. 

e.  IAW AFI 36-3208, paragraph 7.2.6, the respondent is not eligible for P&R 

because the basis for discharge is drug abuse. 

5.  Recommendation:  I recommend that you approve the respondent’s discharge 
from the United States Air Force with a general characterization, without P&R. 

I  concur. 

Assistant Staff Judge Advocate 

”~~~ - - . - . - - . , - -. . . 

Staff Judge Advocate 

I 

DEPARTMENT OF THE THE AIR FORCE 
554TH SECURITY POLICE OPERATIONS FLIGHT (ACC) 

NELLIS AIR FORCE BASE, NEVADA 

0 7  AUG  1995 

MEMORANDUM FOR Amn 

54 SPOF 
*” 

FROM:  CC 
SUBJECT: Notification Memorandum - Administrative Discharge Under AFI 36-3208 

1.  I  am recommending your discharge from the United States Air Force for 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 that your service be 
characterized as general. 

2.  My reason for this action is:  Between on or about 8 May 95 and on or about 15 May 
95, you  wrongfully used methamphetamines, for which you were punished under 
Article 15, UCMJ on 26 Jul 95. 

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, 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. 

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 the Area 
Defense Counsel at Bldg 625 (Old Hospital) on  8  AUP 95 
You may consult civilian counsel at your own exptihse. 

at  1500 

hours. 

5. You have the right to submit statements in your own behalf.  Any statements you 
&+  21- at /&m 
want the separation authority to consider must reach me by 

- _- hours unless you request and recebe an extension for good cause shown.  I  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 do so. 

7.  you have been scheduled for a medical examination at the 554th Medical Group on 
10 Aug 95 at 0800. 

8. 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 in your Unit Orderly Room. 

9.  Execute the attached acknowledgment and return it to me imriediately. 

'U 

Attachments: 
1.  Article 15, 31 Jul 95 
2. (2) EPRs