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COUNSEL’S RELEASE TO THE BOARD

 

PERSONAL APPEARANCE

 

re ee NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
E: soa 2
MEMBERS SITTING
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3 i 7 ig irom
ISSUES INDEX NUMBER EXHn Ua SUBMIT:
A94,53, A92,37, A93.17 A66.00 q | ORDER APPOINTING
2 | APPLICATION FOR REVIEW OF DISCHARGE
. [3 | LETTER OF NOTIFICATION
HEARING DATE "=" |CASE NUMBER 14 | BRIEF OF PERSONNEL FILE
02-08-13 ¥D2002-0083
[ ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
je

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

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REMARKS
Case heard at Washington, D.C.

submit an application to the AFBCMR,

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, The right to

 

GNATURE OF BOARD PRESIDENT, .

as

 

 

TO:
SAF/MIBR

550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

AFHO FORM 0-2077, JAN 00

 

(EF-V2)

 

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

1535 COMMAND DR, EE WING, 3°" FLOOR

ANDREWS AFB, MD 20762-7002

Previous ¢cdition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp2002-0083

ae

| GENERAL: The applicant appeals for a change in reason and authority for the discharge.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
| exercise this right.

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

FINDINGS: Change of reason and authority for the discharge are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for misconduct, namely dmg abuse, and received an honorable
characterization of service. Member admitted to the Air Force Office of Special Investigations (AFOSI) in
a signed sworn statement dated 3 December 1993 that she had illegally smoked marijuana on seven separate
| occasions from 1988 to September 1993. Her husband also gave a signed sworn statement confirming
member’s illegal drug use. Member received Letter of Reprimand with Unfavorable Information File entry
for the marijuana use on 3 January 1994. Member had reenlisted on 5 October 1993, and because her
misconduct occurred during her previous two enlistments, but was not known at the time of her last
reenlistment, it could be used as a basis for discharge, but not to characterize her service. Although member
had over 8 years active service and was entitled to an administrative board hearing when recommended for
discharge, and was notified of this right, the record does not reflect whether member exercised this right or
what the outcome was if she did. The legal review of the recommended discharge and the separation
authority’s letter directing execution of the discharge action are also missing from the record. The Board
opined however that member’s rights were not prejudiced in that the chain of command clearly knew she
must be given an honorable discharge and that is what she received. At the time of the discharge, the Air
Force’s drug policy was well publicized and members were continually made aware that illegal drug use
was not tolerated. Marijuana use by a non-commissioned officer is viewed as a very serious failure to meet
Air Force standards, and negates a member’s otherwise acceptable performance. The Board noted that

because drug abuse is not compatible with Air Force standards, the reason and authority for the discharge
applicant received were warranted.

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 gé the foregoing findings the board further concludes that there exists no legal or equitable basis for
upgrade & discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
“—~#* FD2002-0083

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

(Former SGT) (HGH SGT)

 

1. MATTER UNDER REVIEW: Appl rec’d a HON Disch fr USAF 94/02/25 UP AFR 39-10,
para 5-51 (Misconduct - Drug Abuse). Appeals for a Change in Reason and
Authority for Discharge.

2. BACKGROUND:
a. DOB: 65/04/12. Enlmt Age: 19 11/12. Disch Age: 28 10/12. Educ:HS DIPL.

AFQT: N/A. A-95, E-37, G-41, M-09. PAFSC: 3A051 - Information Management
Journeyman. DAS: 86/02/26.

b. Prior Sv: (1) AFRes 85/03/16 ~- 85/10/14 (7 months 0 days) (Inactive).

(2) Enlisted as A1lC 85/10/15 for 4 yrs. Svd: 3 yrs 11 months
24 days, all AMS. SRA - 88/02/15. SGT - 88/02/15, APRs: 9,9,9,9.

3. SERVICE UNDER REVIEW:

a, Reenlisted as SGT 89/10/10 for 4 yrs. Svd: 04 Yrs 04 Mo 16 Das, all

b. Grade Status: none.
c. Time Lost: none.

d. Art 15’s: none.

e. Additional: none.

f. CM: none.

g. Record of SV: 89/03/30 - 90/02/15 Langley AFB 5 (CRO)
90/02/16 - 91/02/15 Langley AFB 4 (Annual)
91/02/16 - 92/02/15 Langley AFB 4 (Annual)
92/02/16 - 92/08/03 Langley AFB 5 (CRO)
92/08/04 - 93/08/03 Langley AFB 4 (Annual)

(Discharged from Langley AFB)

h. Awards & Decs: AFCM, AFAM W/1 LOC, AFOUA W/1 OLC, AFGCM W/1 OLC, NDSM,
AFLSAR W/1 OLC, NCOPMER W/1 OLC, AFTR.

i. Stmt of Sv: TMS: (08) Yrs (11) Mos (10) Das
TAMS: (08) Yrs (04) Mos (11) Das
PV ZEOL- O@ OS

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR COMBAT COMMAND
LANGLEY AIR FORCE BASE, VIRGINIA

 

 

i
FROM: 1 MSSOQ/CC 13 Jan 94
SUBU: Letter of Notification ~— Board Hearing
TO:
1. | am recommending your discharge from the United States Air Force for ’

misconduct - consisting of drug abuse, according to AFR 39-19, Section H,
under the provistons of paragraph 5-51. Coples of the documents to be
forwarded to the separation authority to support this recommendation are
attached.

2. My reason for this action jis:

You did, on divers occasions between on or about 1 January 1988 and
30 Sept 1993, within the territorlal limits of the United States, wrongfully
use marl Juana,

3. This action could result In your separation with an Honorable discharge.
1 am recommending that you recelve an Honorable discharge. The conmander
exercising SPCM Jurisdiction or a higher authority will make the final
decislon in this matter. If you are discharged, you will be ineligible for
reenlistment in the Air Force.
4, You have the right to:

a. Consult legal counsel.

b. Present your case to an administrative discharge board.

c. Be represented by legal counse!] at a board hearing.

d. Submit statements In your own behalf in addition ta, or in lieu of,
the board hearing.

e. Waive the above rights. You must consult legal counsel before making
a decision to walve any of your rights.

5. You have been scheduled for a medical exaninatton. You must report to ist

Medical Group, Physical Exam Section at 8786 on 18 Jan 1894 and at
11:15 on 18 Jan 1994 for the examination.

Global Pourer Cfox America
FDRRACOA~ ORS

6. Military fegal counsel, the Area Defense Counsel, Bldg 142, ext 5607, has
been obtalned to assist you. An appointment has been scheduled for you to
consult her on 21 Jan 1994, at 1330. Instead of the appointed counsel, you
may have another, If the lawyer you request is in the active mifitary service
and Is reasonably avallable as determined according to AFR 1411-1. In addition
to mifitary counsel, you have the right to employ civllian counsel. The Air
Force does not pay expenses Incident to the employment of civillan counsel.
Civilian counsel, if employed, must be readily available.

7. Confer with your counsel and reply, in writing, within 7 workdays,
specifying the rights you choose to exercise. The statement must be signed in
the presence of your counsel who also will sign it. {ff you walve. your right
to a hearing before an administrative discharge board, you may submit written
statements in your own behalf. |! will send the statements to the discharge
authority with the case file to be considered with this reconmendation. (tf

you fail to respond, your failure will constitute a waiver of the right to the
board hearing. ,

8. Any personal Information you furnish in rebuttal is covered by the Privacy
Act Statements as explained in AFR 39-18, attachment 6G. A copy of AFR 39-10
is avallable for your use In your unit orderly room.

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

  
      

a "eu 2. Atch
Commander, 1 MSSQ 7. LOR, 3 Jan 94
2. EPRs