PERSONAL APPEARANCE X RECORD REVIEW
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HEARING DATE CASE NUMBER |) 4 |) HREF OF PERSONNEL FILE -—
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"ARDITIONAL EXHIBITS SUBMITTED AT TIME OF ~
PERSONAL APPEARANCE
TAPE RECORTING OF PRRSONAT. APPRRANCH HEARING: |

 

 

 

 

 

(Oran ED AIR, FORCE DISH RCH

 

 

 

Case heard at Washington, D.C,

Advise applicant of the decision of the Board, the right to a personal appearance, and the righi to submit an application to
the AFRCMR. |

 

  

 

 
  
  

FREIM:
SAPF/MTIBR SECRETARY OF THE ATR TORCE PERSONNEL COUNCIL
S80 C SRREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW ROARID

RANDOLPH AVE. UX 7R150-4742 1535 COMMANII DR, EE WING, 3°" FLOUOK

ANDREWS AFR, MID 20762. 7002

 

 

Previous edition will be used.

AFHO FORM 0-2077, JAN 00
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0097

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

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 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 is not contending that his discharge was mequitable. He would likc his discharge
upgraded so that he will be cligible for further consideration in the USPS. The 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 was found guilty by a General Court Martial for wrongfully
using marijuana. ‘he 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. (he Board found no evidence of impropricty or incquity in this case on which to base an upgrade
of discharge.

CONCLUSIONS: The Discharge Review Board concludes that ihe 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.

Attachment:
Examiner's Brief
FD2002-0097
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFH, MD

(Former SRA) (HGH TSGT)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 96/07/08 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Digch.

2. BACKGROUND:

a. DOB: 63/12/30. Enlmt Age: 18 1/12. Disch Age: 32 6/12. Educ:HS DIPL.
AFQT: N/A. A-43, E-36, G-44, M-64. PAFSC: 3P051 - Security Journeyman.
DAS: 92/08/23.

b. Prior Sv: (1) AFRes 82/02/24 - 82/10/27 {8 months 4 days) (Inactive).

(2) Enlisted as AB 82/10/28 for 4 yra. Reenlisted as SRA
g5/11/18 for 5 yra. Extended 87/09/01 for 3 months. Extended 90/01/09 for ji1
months. Svd: B yrs 0 months 2 days, all AMS. AMN - 83/04/28. Alc - 83/10/28.
SRA- (APR Indicates) :85/04/01-86/03/31, SGT- (APR Indicates): 86/11/02-87/10/30.
SSGT - 90/04/01. APRS: 95,8,9,9,9,9. EPRs: 5,4. :

ART 15: 90/04/11, Bitburg AB, Germany ~ Article 107. Preliminary
investigation has disclosed that you did, on or about 23 Mar
90, with intent to deceive make to SSgt ------- , an official
statement, to wit: that you did not talk ta Sqt ------ on 4
Mar 90, which statement was false in that you had spoken to
him, which statement was then known by you to he so falage.
Reduction to Sgt (remitted 11 Apr 30), forfeiture of 5560.00
Pay per month for two months (in excess of $100.00 per month
suapended until @ Oct 90) and ordered to perform 45 days
extra duty (No appeal) (No mitigation)

3. SERVICE UNDER REVIEW:

a. Reenlisted as SSgt 90/10/31 for 6 yrs. Svd: 05 Yre 08 Mo 02 Das, of
which AMS is 5 yra 7 months 10 days (excludes 22 days lost).

b. Grade Statua: SRA - 96/04/17 (GOMO#41, 96/04/17)
TSGT - 95/06/01

c. Time Leat: 96/03/07 - 96/03/28 (22 days).
qd. Art 15’s: none.
e. Additional: none.

f. CM: General Court Martial No.41 - 96 April 17

CHARGE: Article 112a. Plea: Not Guiity. Finding: Guilty.
FD2002-0097

Specification: Did, in the continental United States, on divers
occasions, between on or about 1 Jan 95 and 18 Sep 35, wrongfully
use marijuana. Sentence adjudged on 7 Mar 96: Confinement for
30 days, forfeiture of $200.00 pay per month for 3 months, and
reduction to Sra.

q. Record of SV: 90/10/31 - 91/16/30 George AFB & (Annual)
91/10/31 - 92/06/20 George AFB 5 {CRO}
92/06/21 - 93/07/29 Whiteman AFB 5S (Annual)
93/07/30 - 94/03/29 Whiteman AFB 5 (CRO}
94/03/30 - 95/01/30 Whiteman AFB 5 (CRO)
95/01/31 - 95/09/28 Whiteman AFB 2 (CRO) REF

(Discharged from Whiteman APB)

h. Awards & Decs: AFAM, NCOPMER, NOSM, AFOSSTR, AFLSAR W/2 DEVS, SAEMR,
AFOSLTR W/1 DEV, AFOUA 2/3 DEVS, AFGCM W/3 DEVS.

i. Stmt of Sv: TMS: (14) Yre (03) Mos (18) Das
TAMS: (13} Yrs (07) Mos (14) Das

4. BASIS ADVANCED FOR REVIEW: Appln (PD Fm 293) dtd 02/03/05.
{Change Discharge to Honorable)

Issue 1: I am requesting a record review for the further consideration of
employment with the United States Postal Service. due to the type of discharge

(General Under Honorable Condition) Human Resource informed me to have the
discharge upgraded which can make me eligible for further consideration of

employment .

ATCH
none.

02/06/17/ia
FD QO “FO 97

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 5091n BOMB WING (ACC)
WHITEMAN AIR FORCE RASE, MISSOUPU

 

JUN 4 1996

MEMORANDUM FOR 8 AF/JA
245 Davis Ave E Room 200
Barksdale AFB L.A 71110-2279

FROM: 509 BW/CC
509 Mitchell Ave, Ste 509
Whiteman AFB MO 65305-5055

SUBJECT: Administrative Discharge-SrA

1. Ihave carefully considered the discharge package, the respondent's
conditional waiver of board hearing, and the squadron commander's
recommendation. The circumstances involved in this case are of a nature to
require discharge. Although the respondent’s on-duty performance has been
good, his illegal use of marijuana, a controlled substance, outweighs the positive

aspects of his military record. The facts and circumstances of this case establish a
basis for discharge under AFI 36-3208, Paragraph 5.54.

2. Trecommend that you accept the respondent's offer of a conditional waiver of
his right to present matters to an Administrative Discharge Board, and that the
respondent be discharged with a service characterization of under honorable
conditions (general). Under the provisions of AFI 36-3208, chapter 7, probation
and rehabilitation are not authorized.

Attachment.
Case Fik

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Fp Aaco2z- C&@77

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, 509TH BOMB WING (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

JUN 4 = 1996

MEMORANDUM FOR 509 BW/CC
FROM: 509 BW/JA

SUBJECT: Final Legal Review, Administrative Discharge of

509 SPS

J, BASIS OF ACTION: LAW AFI 36-3208, para 5.5 commander initiated this
discharge for drug abuse submitted a conditional waiver of his right to an
administrative discharge board if his discharee is characterized no less than an under honorable
conditions (general. After review conditional waiver, his commander
recommends that Ibe discharged with an under honorable conditions ( general)
discharge.

2. EVIDENCE FOR THE GOVERNMENT:

a. On or about 7 March 1996, he was found guilty by a General Court-Martial for
wrongfully using marijuana an divers occasions, between-on or about 1 January 1995 and
18 September 1995.

_ 3, EVIDENCE FOR THE RESPONDENT is 33 years old. He consulted counsel, and
he submitted a conditional waiver of his rignt to an aaministrative discharge board in return for a
general discharge. He elected not to submit statements in his behalf. He entered the Air Force on
24 Tebruary 1982, and has had 2 APR’s and § EPR’s. He is entitled to wear the Air Force .
Achievement Medal (LOLC), Air Force Good Conduct Medal (2OLC), Air Force Outstanding Unit
Award OLC), The Air Force Longevity Service Ribbon, USAF NCO PME Graduate Ribbon,
Small Arms Expert Marksmanship Ribbon, Air Force Overseas Ribbon (Short), Air Force
Overseas Ribbon (Long), The National Defense Service Medal and the Air Force Training Ribbon.
National Defense Service Medal and AF Training Ribbon.

4. DISCUSSION: APT 36-3208, paragraph 5.54, defines drug abuse as "the illegal, wrongful, or
improper use, ... of any drug." [kt further states that drug abuse is "incompatible with military
service and airmen who use... drugs one or more times are subject to discharge for misconduct."

was convicted of drug abuse on 7 March 1996. ! discharge for drug abuse
is mandatory unless the respondent makes an affirmative snowing that he meets seven specific
retention criteria. A copy of the pertinent paragraphs of AFI 36-3208 is included for your review.

Hoes not meet those criteria; therefore, the only issue is the characterization of service.
In ens case, ‘has elected not to submit statements and he has conditionally waived his
right to a discharge board,

5. AFI 36-3208, chapter 1, para 1.21.3., an airman cannot be discharged under other than
honorable conditions if the sole basis for discharge is a serious offense that resulted in conviction
by a court-martial that did not adjudge a punitive discharge unless such characterization is
approved by the Secretary of the Air Force.
Fp 2cna2—-24 7]

6 1as had one additional incident of misconduct. He received a Letter of Reprimand
for violation of API 36-3001 for having three ID cards in his possession when he was emitted into
confinement. IAW AFI 36-3208, chapter 5, para 5.2.1. an airman must be counseled formally
concerning his deficiencies and given an opportunity to overcome them before a commander
recommends discharge for a pattern of misconduct. has been counseled about proper
use of his ID card. He has refrained from further misconduct. Therefore a pattern of misconduct
cannot be the basis for discharge,

7. For the above:stated reasons, the sole basis for discharge o his General Court-
Martial conviction. Under the provisions of AFI 36-3208, paragraph 7.2.6, probation and
rehabilitation is not authorized. This case file is Iegally sufficient to support discharge under the
provisions of AFI 36-3208, paragraph 5.54.

8 DISPOSITION ALTERNATIVES: As special court-martial convening authority, you may:

' (a)if you determine that meets ail seven retention criteria as stated in AFI 36-
3208, terminate this proceeding and retail sn active duty, or

(b) recommend that Haan eral court-martial convening authority accept the conditional
waiver and tha separated with an under honorable conditions (general)

discharge; oF

(c) recommend that the cencral court-martial convening authority accept the conditional
waiver and th: 2 separated with an honorable discharge; or

(d) if you deem it more appropriate, rejec! _ __ Keonditional waiver and order an
administrative discharge board be convened; or

(@) if you deem it more appropriate, reinitiate this discharge under another paragraph of
AFI 36-3208. ,

9, RECOMMENDATION: [recommend you sign the attached cotrespondesrs ad:lracead to the
General Court-Martial Convening Authority recommending that he accepti

conditional waiver and dischargé bith an under honorable conditions (general)
discharge,

Attachment:
Discharge Package -
PD 2602-209 (

. DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 509 SECURITY POLICE SQUADRON (ACC)
WHITEMAN AIR FORCE BASE, MISSOURI

MEMORANDUM FO§ 29 MAY 1996
FROM: 509 SPS/CC

SUBJECT: Notification Leiter - Board Hearing

’ : nae . Oras Albus z ;
|, Lam recommending your discharge from the United States Air Force for apatterttat miscsindustaccording to

AFPD 36-32 and AFI 36-3208, under the provisions of paragraph 5. 59. Copies of the documents to be forwarded
to the separation authority to support this recommendation are attached.

2. My reason for this action is:

a CrRerabeit2 Ss March 6-veu had three Armed Torces dentifieation-eardsin_yourpessescion- which
is-asdolation of ARTF 001, ag evidietroedHaya_ Letter of Reprimand, -dated-25- March 1996- Catch tay

4. :
bf On or about 7 March 1996, you were found guilty by a General Court-Martial for wrongfully using
_ Taarijuana an divers occasions, between on or about 1 January 1995 and 18 September 1995, as evidenced

by General Court-Martial Order Number 41, dated 17 April 1996, (Atch 1b)

3. This action could result in your separation with an under other than honorable conditions discharge, [am
recommending your service be characterized as under other than honorable conditions. The commander exercising
SPCM authority or a higher authority will make the fmal decision in this matter. If you are discharged, you will be
incligible for reenlistment in the Air Force and will probably be denied enlistment in any component of the armed
forces. Any special pay, bonus, or education assistance funds may be subject to recoupment.

4. You have the right to:

a. Consult legal counsel.
b. Present your case to an administrative discharge board.
c, Be represented by legal counsel at a board hearing.

d. Submit statements in your own behalf in addition to, or in lieu of, the board hearing.
e, Waive the above rights. You must consult legal counsel before making a decision

to waive any of your rights.

5. You have been scheduled for a medical examination. You must report to Physical Exams at
1545 on 31 May 1994.
(Time} = (Date)

6. Military legal counse tbldg 1000, ext 7-5556, has been obtained to assist you. An

appointment has been stucewuwew wu yuu w consult him on , at . Instead of the
appointed counsel, you may have another, if the lawyer you request is in the active military service and is

reasonably available as determined according to AFT 51-201. In addition to military counsel, you have the right to
employ civilian counsel. The Air Force does not pay expenses incident to the cmployment of civilian counsel.
Civilian counsel, if employed, must be readily available.

7. Confer with your counsel and reply, in writing, within seven workdays, specifying the rights you choose to
exercise. The statement must be signed in the presence of your counsel who also will sign it. If you waive your

right to a hearing before an administrative discharge board, you may submit written statements in your own behalf. ,
ED-2bO2- CO 7/7

I will send the statements to the discharge authority with the case file to be considered with this recommendation, If
you fail to respond, your failure wili constitute a waiycr of the right to the board hearing.

8. Any personal information you fumish in rebuttal is covered by the Privacy Act of 1974. A copy of AFI 36-3208
is available for your use in your orderly room, This copy of AFI 36-3208 must be returned to your orderly room

upon the completion of this action.

9. [f you request a board and you fail to appear withoul good cause, your failure to appear constitutes a waiver of
your right to be present at the hearing.

10, The discharze board or, the discharge authority will make the finding and recommendations required under 10
U.S.C. 2005(2).

   

11, Execute the attached acknowledgment and retum it to me immediately.

Attachments:
1. Supporting documents ~ for the reason for discharge
a-LOR, did 25 Mar-06-

abe General Court-Martial Order Number 41, did 17 Apr 96.
2. Documents containing derogatory information — which are not listed in the

notification letter.
3. Airman's acknowledgment, dated