< AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

   

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

- NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
2. AB
TYPE. ™
X PERSONAL APPEARANCE RECORD REVIEW
[SCODNSEL , , NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
“YEE. NO
x
| MEMBERS SITTING SION OER -uOTHe | OTHER DENY
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SSUES ——— INDEX NUMBER
402.00, 494 56, AUZ 36 A66.00

 

ORDER APPOINTING THE BOARD
4PPLICATION FOR REVIEW OF DISCHARGE

Z
3 | HETTER OF NOTICATION ~~]
4 : —

 

 

 

 

‘EARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

NOY 02 FD2002-0113 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME”
PERSONAL APPEARANCE nyt

 

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEA
aCANT! SF ARTS ROARD'S s Renny RATIONAL ARE DISCS 4 SEAT ACHED AIR FORCE DISCHARE j

 

      

 

 

*Change Reason and Authority to Secretariai Autiws ii.
+ Change Reenlistment Code.
Case heard at Dobbins ARB, Georgia.

Advise applicant of the decision of the Board.

 
 

a__%
SIGNATURE OF RECOR Tilted

   

 

 

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, 3"° FLOOR

ANDREWS AFB, MD 20762-7002

 

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) . Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp 2992-0113

GENERAL: The applicant appeals for upgrade of discharge to Honorable, and during the hearing also
requested his reenlistment code be changed.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel at
Dobbins ARB, GA on November 21, 2002. The following witnesses also testified on the applicant’s

behalf: Wii applicant’s parents.

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

FINDINGS: The Board grants the relief requested.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an
impropriety that would justify a change of discharge. However, based upon applicant’s testimony and the
record, the Board finds the applicant’s character of service and reason for discharge are inequitable.

The applicant's issues are listed in the attached brief.

Issues. Applicant contends discharge was inequitable because it was too harsh based on a one-time isolated
incident. The records indicated the applicant received an Article 15 for drug abuse. Specifically he
admitted in a signed sworn statement to the Air Force Office of Special Investigations (AFOS]) that he had
used it once. At the time of his discharge, member requested to be retained. During the Discharge Review
Board interview, applicant attributed his misconduct to immaturity and a lapse in judgment, admitting he
had made a mistake. He further denied any other drug use before, during, or after his period of military
service. The Board concluded the misconduct was a significant departure from conduct expected of all
military members, and did not condone the seriousness of member’s drug abuse, particularly since he knew
illegal drug use was incompatible with Air Force standards, but chose to ignore those standards. However,
the Board found the characterization of the discharge received by the applicant was too harsh in the absence
of other documented disciplinary infractions. While the legal reviews noted that the unit commander did
not feel member met the stringent retention criteria, and cited “countless questions regarding his judgment
and suitability for a military career” based on consistently missed appointments, questionable financial
decisions, and a one-time weight and body fat measurement failure, the discharge record contained no
documentary evidence of these alleged other infractions. In the absence of such information, the Board
found the discharge too harsh.

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 discharge is
more accurately described as Secretarial Authority. The applicant’s characterization of service and reason
for discharge should be changed to Honorable and Secretarial Authority under the provisions of Title 10,

USC 1553.

Attachment:
Examiner's Brief
FD2002-0113
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

iia (Former AB) (HGH AMN)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/12/13 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 82/02/27. Enlmt Age: 18 2/12. Disch Age: 19 9/12. Educ:HS DIPL.
AFOT: N/A. A-48, E-23, G-32, M-28. PAFSC: 3A011 ~- Personnel Apprentice.
DAS: 01/03/18.

b. Prior Sv: (1) AFRes 00/04/28 ~- 00/07/11 (2 months 14 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 00/07/12 for 4 yrs. Svd: 01 Yrs 05 Mo 02 Das, all AMS.

b. Grade Status: AB - 01/07/25 (Article 15, 01/07/25)
AMN - 01/01/12

c. Time Lost: none,

d. Art 15’s: (1) 01/07/25, Lackland AFB, TX - Article 112a. You, did,
between on or about 28 Feb 01 and on or about 1 April
2001, wrongfully use marijuana. Reduction to AB, 5
days extra duty (suspended until 24 Jan 02).
(No appeal) (No mitigation)

e. Additional: none.

£. CM: none.

gq. Record of SV: none.

(Discharged from Lackland AFB)

h. Awards & Decs: AFTR. /

i. Stmt of Sv: TMS: (01) Yrs (07) Mos (16) Das
TAMS: (O01) Yrs (05) Mos (02) Das

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

Issue 1: On or about the beginning of February or the end of March an
Airman by the name of ------- came by my dorm room and asked if I wanted to get
FD2002-0113

something to eat. I told him that I would. On the way to get the food

the airman pulled out a joint and asked if I wanted to smoke. I told him that I
didn't want to. He then said that he didn't want to smoke alone. I still told
him I didn't want to smoke. But he still proceeded to ask, so I told him that I
would. He lit the "Joint" and began smoking it and then handed it to me and I
smoked a little of it and gave it back to him. As I looked out the window I
caught a look at my reflection. I told myself that I would never do it again.
About 2 or 3 months later I was called to the Office of Special Investigations.
I was questioned by two investigators. The agents asked me to tell them
everything. So I told the officers everything, then I was allowed to read the
other airman's statement which contained lies and I informed the agensts that
some of the information in the statement were lies. After that I was given a
drug urinalysis test which came back negative. They also completed a background
check that contained nothing negative. That was the one and only time I have
ever smoked marijuana and I will never experiment with it again. An attorney
was appointed to represent me but he failed poorly in my defense. He did not
argue my case or represent me at all. My attorney told me that in cases like
mine a discharge will happen. He stated that he would fight for me to be
retained in the Air Force but did not represent me at all. On the date that I
was to meet with my commander and turn in my retention packet my attorney had
been put on another case, therefore, I had no legal representation.

ATCH
none.

02/06/26/ia
APR-23-2602 10°17 37 MSS 6714246 P.@1/@2
Fp.2e02- 0 [J 3
DEPARTMENT OF THE AIR FORCE

67™ INFORMATION OPERATIONS WING (ACC)

 

29 NOV 2001

MEMORANDUM FOR 67 IOW/CC

FROM: 67 IOW/JA

SUBJECT: Legal Review- Administrative Discharge Action — saainaaaiiOnQnegginanms.
A CC)

 

1. EXECUTIVE SUMMARY: The proposed discharge ofl .
has been reviewed and found legally sufficient to support administrative separation under AFI 36-

3208, paragraph 5.54, Drug Abuse, with a general service characterization without an offer of
probation and rehabilitation (P&R).-

2. BACKGROUND: On 9 November 2001, the Squadron Section Commander of the 67"
Information Operations Wing (67 IOW), Lackland AFB, Kelly Annex, TX, initiated this epuation
action pursuant to AFPD 36-32 and AFI 36-3208, paragraph 5.54, for Drug Abuse.

recommended a general discharge without probation and rehabilitation (P&R). On 19 November

2001, after consulting counsel, aOR EAetsesubmitted a statement requesting retention

(Atch 3). This discharge action is legally sufficient subject to inclusion of the medical examination
report indicating qualified for worldwide duty.

3. SUMMARY OF THE EVIDENCE: Between on or about 28 February 2001 and on or about 1 April
200 | aaron gfully used marijuana. For this misconduct, he received an Article 15, dated 25
July 2001, consisting of a reduction to the rank of Airman Basic with a new date of rank of 25 July 2001,
and 5 days extra duty, suspended until 24 January 2002. This action was placed in an Unfavorable

Information File (UIF).

4. DISCUSSION:

a. Appropriateness of Discharge: Considering the wrongful use of marijuana, #@RGR
is unfit to continue serving in the military, Accordingly, the 67 IOW/CCQ recommends that he be
discharged. 67 IOW/CCQ does not believe that Mime mects the stringent retention criteria

set forth in AFI 36-3208, para 5.55.2. AMMRRIMINBs 19 years old and has 1 year and 4 months of
military service. He is entitled to wear the Air Force Training Ribbon. His record contains no EPRs.

In hig staternent, anaigiiin. :\: that he be given consideration for retention. He states he entered
the Air Force for a better start at life, learn about computers, and to fight for a good cause. He
further goes on to say that he enjoyed his Air Force career very much. Unfortunately, his misconduct
involving marijuana se and other disciplinary infractions lead me to believe that his continued
presence in the Air Force would be inconsistent with the interests of the Air Force in maintaining
good order and discipline. Immediate discharge is the most appropriate action at this time.

Attorney Work Product
This i a privileged document. It witl not be released in whote or In part
without the approval of the Staff Judge Advocate,
_ APR~23-2042 18:17 37 MSS 6714246 P, @2/d2

7 FRa602-0/(3

b. Characterization of Service: Paragraphs 1.18 and 5.48 of AFI 36-3208 provide that when
a member is discharged for misconduct, service may be characterized as honorable only when the
member's Service has been so meritorious that any other characterization would be inappropriate. A
general discharge is warranted when the member’s service has been honest and faithful, but
significant aspects of the member's conduct or performance outweigh positive aspects of the
member’s military record, Although erformed well while on duty, his off-duty

misconduct outweighs his otherwise honest and faithful service. Because of the significant negative
aspects of rug abuse, a general discharge is the most appropriate characterization.

c. Probation and Rehabilitation; LAW AFI 36-3208, Chapter 7, para 7.2.6, @ilii@ilingseds
ineligible for P&R due to the fact that the basis for his discharge is drug abuse.

5. OPTIONS: As the Special Court-Martial Convening Authority, you may:

a. Direct that AGUMIGMGUMR be retained; or
b. Discharge ip: with a general discharge; or

c. Forward the package to 8 AF/CC with a recommendation that AEN receive an
honorable discharge. ~

6. RECOMMENDATION: That you sign the letter at Tab 1, discharging ¢gQiQaanggaier in
accordance with AFPD 36-32 and AFI 36-3208, paragraph 5.54, with a general discharge without

 

P&R.
Staff Judge Advocate
Attachments:
1. Ltr to 37 MSS/DPMAR
2, CC’s Ltr of Recommendation
3. Permission to Proceed, dtd 2 Nov 01
Attorney Work Product

This is a privileged document, tt will net be released in whole or in pan
without the approval of the Staff Judges Advocate.

TOTAL P.@2
Po2co2-O//3

DEPARTMENT OF THE AIR FORCE

67" INFORMATION OPERATIONS WING (ACC)

 

09 nov 2001

MEMORANDUM FOR ga

 

FROM: 67 JOW/CCQ

SUBJECT: Notification of Administrative Discharge Action Under AFI 36-3208

1. Iam recommending your invojuntary 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. Ifmy
recommendation is approved, your service will be characterized as honorable or general (under
honorable conditions). ] am recommending that your service be characterized as general.

2. My reason for this action is: Between on or about 28 February 2001 and on or about 1 April
2001, you wrongfully used marijuana. For this offense, you received an Article 15 dated, 25 July
2001, consisting of a reduction to the rank of Airman Basic with a new date of rank of 25 July
2001, and 5 days extra duty, suspended until 24 January 2002. This action was placed in an

Unfavorable Information File (UIF).

3. Copies of the documents to be forwarded to the separation authonty 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. If you are
discharged, you will be ineligible for reenlistment in the 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.
I] have made an appointment for you to consult pp on

09 Nov 0] at 1400 hours. 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 Nov 01/130Q9unless you request and
receive an extension for good cause shown. J 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 night to do so,

7. You have been scheduled for a medical examination. You must report to Reid Clinic

Bldg 6612 __. at 1500 hours on _Q9 Nov QJ for the examination.
(Physical Exams)
FDp20e 2-Of73

a ee
“ 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 at the squadron’s orderly room.

  

Mm, 1Lt, USAF

Section Commander

Attachment:
1, Article 15, dtd 25 Jul 01
2. AF Form 1137 (UIF Summary)