X PERSONAL APPEARANCE RECORD REVIEW

 

 

 

 

 

 

 
 

 

 

 

 

  

 

 

 

 

 

    

 

 

 

 

 

 

 

 

 

 

4 NAME OF COUNSEL AND OR ORGANIZATION 7 ADDRESS AND OR ORGANIZATION OF COUNSEL
Tn. AML
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MEMBERS SITTING HON GEN VOTHC OTHER DENY
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IssvES INDEX NUMBER EXHTTESUUME eS TAD
A94.06 A67.70 1 | ORDER APPOINTING THE BOARD
> | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
[ HEARING DATE [ CASENUMBER 4 | BRIEF OF PERSONNEL FILE
15 AUG 02 _FD2002-0065 COUNSEL'S RELEASE TO THE BOARD
[ ADDITIONAL EXIMBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
- | TAPE RECORDING OF PERSONAL APPERANCE HEARING _

 

 

  

 

 

18C! REVE ARE DECIST NAL

     

 

 

REMARKS

Case heard at Washington, D.C. _"
+ Change reason and authority for the discharge to Secretarial Authority, SPD: JFF

* Upgrade RE Code.

Advise applicant of the decision of the Board and right to apply to the BCMR.

  

 

SIGNATURE OF RECORDER

 

 

 

 

 

 

SAF/MIBR. SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 38 FLOOR
L . ANDREWS AFB. MD 20762-7002
AFHO FORM 0-2077, JAN 00 ‘(EF-V2) Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ¢-yo9_90965

GENERAL: The applicant appeals for upgrade of discharge to Honorable, to change the reason for the
discharge, and to change his reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
AFB, MD on August 15, 2002. The following witness also testified on the applicant’s behalf: wa
(his Mother)

The following additional exhibits were submitted at the hearing: Exhibit 5: Applicant’s issues.

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

FINDINGS: The discharge is upgraded to Honorable, and the reason for discharge is changed to
Secretarial Authority. However, the RE Code will not be changed.

ISSUE: The applicant contends his discharge was inequitable because it was too harsh. The records
indicated the applicant received a General discharge for Misconduct — Drug Abuse. He received a Letter of
Reprimand for wrongfully using marijuana. After hearing his personal testimony, and reviewing the
information contained in the record, the Board concluded there was sufficient mitigation and extenuation to
substantiate upgrade of the discharge and to change the reason for the discharge. The Board did not
however agree to change applicant’s reenlistment code.

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.

However, in view of the foregoing findings, the board further concludes that the overall quality of
applicant’s service is more accurately reflected by an Honorable discharge and the reason for the 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 the provisions of Title 10, USC
1553.

Attachment:
Examiner's Brief
FD2002-0065
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SRA) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 02/01/24 UP AFI 36-
3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 80/08/04. Enlmt Age: 18 8/12. Disch Age: 21 5/12. Educ:HS DIPL.
AFOT: N/A. A-86, E-69, G-72, M-58. PAFSC: 2A653 ~- Aircrew Egress Systems
Journeyman. DAS: 98/10/21.
b. Prior Sv: (1) AFRes 98/04/07 - 98/07/08 (3 months 4 days) (Inactive).
3s SERVICE UNDER REVIEW:
a. Enlisted as AB 98/07/09 for 4 yrs. Svd: 03 Yrs 06 Mo 16 Das, all AMS.
b. Grade Status: SRA - 01/06/05
Alc - 99/11/09
AMN - 99/01/09
c. Time Lost: none.
d. Art 15’s: none.
e. Additional: LOR, 18 DEC 01 - Drug abuse.

£. CM: none.

g. Record of SV: 98/07/09 - 00/03/08 Seymour Johnson AFB 5 (Initial)
00/03/09 - 01/03/08 Seymour Johnson AFB 4 (Annual)

(Discharged from Seymour Johnson AFB)
h. Awards & Decs: AFTR, AFOUA, AFGCM.

i. Stmt of Sv: TMS: (03) Yrs (09) Mos (18) Das
TAMS: (03) Yrs (06) Mos (16) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/02/01.
(Change Discharge to Honorable)

Issde 1: My discharge was inequitable because it was based on an isolated
incident in 42 months of service with no other adverse action. I submitted a
search of my home, vehicle, and a urinalysis. I also had a urinalysis in the
accused time frame, late Jan 01. Also, I am currently trying to join the ------
FD2002-0065

Police Department and my General Discharge is the one thing stopping my process.
I feel that the reason I was discharged on a Letter of Reprimand is that it
takes away my right to fair trial and lack of evidence against myself.

ATCH

DD Form 214.

Four Character Statements.

Two Enlisted Performance Reports.

Letter of Reprimand, 18 Dec 01.

Request for Reconsideration - Letter of Reprimand, 18 Dec 01.

Response to Letter of Reprimand.
Personal Statement.

WAM BWM BP

02/03/28/ia
Fp 202 ~ OOS

DEPARTMENT OF THE AIR FORCE

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

 

18 January 2002

MEMORANDUM FOR 4 FW/CC

FROM: 4 FW/JA

 

1. HISTORY: The 4th Component Repair Squadron Commander has recommended thar aaiieiiaele
ae. be discharged from the Air Force for misconduct, specifically drug abuse. The basis for this
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 is eligible for,
and has been processed by, notification procedures in accordance with AFI 36-3208, Paragraph 6.2. The

respondent consulted counsel and did submit a statement in his own behalf. In addition aii.
Tequested a personal appearance with you. SME statement is at Tab 6.

2. BASIS FOR ACTION: On two occasions between | January 2001 and 28 February 200 eee
used marijuana. For these offenses, he received a Letter of Reprimand, dated 18 December 2001.

3. EVIDENCE FOR THE RESPONDENT: fis 21 years old and has served on active duty
since 9 July 1998. The respondent has received two enlisted performance reports with ratings of 5 and 4
(oldest to most recent). In his statement, qe quests you withdraw this action based on his
professed innocence and the lack of reliable evidence that has been given. His counsel asserts that to
discharge (MMi based on the evidence of a single witness is “fundamentally unfair.” In addition to
his own statement QM equests that you consider the statements he provided from his Defense
Counsel and other members.

 
 

4, ERRORS AND IRREGULARITIES: A personal appearance is not a right granted in notification

cases under AFI 36-3208 does not specify why his case should be handled in this
exceptional manner, nor does he suggest he has any new evidence to present.

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 maintain discipline, good order, and morale; foster mutual trust and confidence among members;
facilitate assignments and worldwide deployment; recruit and maintain members; maintain public
acceptability of military service and prevent breaches of security. A member found to have abused drugs
will be discharged unless the member meets all 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. (gah

TA has not presented any evidence to show he meets the seven criteria necessary for retention.

Hlobal Pourer SFox America
PD 200k 2065

b. Characterization of Service: I concur with the commander’s recommendation of a general
discharge. According to AFI 36-3208, Paragraph 5.48.4, an honorable characterization is appropriate in a
discharge for misconduct when “the member’s record has been so meritorious 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 warranted, 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.” elles one f0l abuse of drugs outweighs the

positive aspects of his service; therefore, a general discharge is 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.

wh,

7. OPTIONS: As, the separation authority, 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 9

c. Approve separation and recommend to the 9 AF(P)/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 (VOTHC) 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 @MRRNEME from the United States Air
Force with a general discharge, without probation and rehabilitation, by signing the attached
memorandum. I also recommend that you deny the request for a personal appearance yaa I
have prepared an additional memorandum indicating your decision in this matter for your signature.

 

wr

taff Judge "

Attachment:

Case Fie i
PPD 2202-2068
DEPARTMENT OF THE AIR FORCE

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

 

10 JAN 2002

  

MEMORANDUM FOR@#¢E i 4cRS

FROM: 4CRS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for misconduct, specifically drug
abuse. The authority for my recommendation is AFPD 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. I am recommending your

service be characterized as general.

2. My reason for this action: Between on or about | January 2001 and on or about 28 February 2001,
you wrongfully used marijuana on diverse occasions, for which you received a Letter of Reprimand.
These actions are documented by a Letter of Reprimand, dated 18 December 2001, with attachments

(Tab la).

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 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 counsel. Military counsel has been obtained to assist you. I have
made an appointment for you to consult Captain Area Defense Counsel, at 1185 Cannon
Street, Suite 308, Seymour Johnson AFB NC. The Area Defense Counsel can be reached at ext. 2-5345
or DSN 722-5345. Your appointment has been scheduled on {OSo. 02> (date) at 1YOO hes

(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 15 Sonon/\4 ow three duty days) unless you request

and receive 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. e
7. You have been scheduled for a mandatory medical examination at the Physical Examination Section,
4th Medical Group, Seymour Johnson AFB, at 0730 hours on 11 January 2002. You are scheduled for a

mandatory follow-up examination at Family Practice (Gold Team) at 0745 hours on 11 January 2002
with P You must report 15 minutes prior to each appointment time.

Hobal Pourer Sfor America
FP 2702 - 6S

8.,You have been scheduled for mandatory Transition Assistance Program (TAPs) counseling on

3S January 2002 @ O8fPhours. You must report to Ms etait building 3602 for your TAPs
counseling.

9. 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 at the unit orderly room or the Area Defense Counsel office.

10. Execute the attached acknowledgement and returm it to me immediately.

 
    

ae ajor, USAF
Commander, 4
Attachments:

Supporting Documentation:
a. 4CRS/CC Letter of Reprimand, dated 18 December 2001

en