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E INDEX NUMBER EKG : CRA:
A92,01, A92.11, A92.21, A66.00 J | ORDER APPOINTING THE BOARD
A92,37, A93.17 2, | APPLICATION FOR REVIEW OF DISCHARGE

3 | LETTER OF NOTIFICATION

HEARING DATE CASENUMBER 4 | BRIEF OF PERSONNEL FILE
o2"s-14 ENZG02-0182 COUNSEL’S RELEASE TO THE BOARD

¥ ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

: PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

  

 

 

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, The right to
submit an application to the AFBCMR.

 

 

 

 

  

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

aR 1535 COMMAND DR; EE WING, 3®° FLOOR
ANDREWS AFB, MD 20762-7002

   

SAF/MIBR.

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | gp 092-0119

—-

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

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: Upgrade of discharge is denied.

The Board finds that neither the evidence of record or that provided by applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for misconduct, namely drug abuse, Ecstasy and psilocyn mushrooms.
Pursuant to her guilty pleas, member was convicted at Special Court Martial and sentenced to reduction
from Senior Airman to Airman Basic and 2 months confinement. In her signed sworn statement to the Air
Force Office of Special Investigations (AFOSI) she admitted using the illegal mushrooms twice and Ecstasy
once. At the time of the administrative discharge processing, member submitted a statement in her own
behalf expressing her regret that her lapse in judgment had tarnished her otherwise stellar career, and
requesting an honorable discharge in view of her otherwise exceptional duty performance. Because it was
noted member had used illegal drugs on multiple occasions over a 7-month period, this rendered member
ineligible for retention because her use could no longer be viewed as “experimental” as required by the
retention criteria. Furthermore, member did not request she be considered for retention at the time of the
discharge, and had she, the burden would have been his to show she met the seven retention criteria.
Applicant again notes she completed 4 years of successful service, cooperated with investigative authorities,
and is now trying to finisher college degree. The Board noted that member had two Enlisted Performance
Reports rated overall “5”, was promoted below the zone to Senior Airman during her enlistment, and had
many character references recommending clemency at the time of her court martial. However, 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. Ecstasy and illegal mushroom use are viewed as a very
serious failure to meet Air Force standards, and negates member’s otherwise exemplary performance. The
Board noted that because drug abuse is not compatible with Air Force standards, the characterization of
service member received.is 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 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
FD2002-0119
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AB) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/12/19 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 77/12/17. Enlmt Age: 18 1/12. Disch Age: 23 0/12. Educ:HS DIPL.
AFOT: N/A. A-82, E-72, G-68, M-37. PAFSC: 3C051 - Communications~-Computer
Systems Operations Jurneyman. DAS: 98/03/26.

b. Prior Sv: (1) AFRes 96/02/15 — 96/07/09 (4 months 25 days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enlisted as 96/07/10 for 4 yrs. Extended 00/07/20 for 1 month. Svd: 04
Yrs 05 Mo 10 Das, all AMS.

b. Grade Status: AB - 00/10/26 (SPCMO No.2, 00/11/16)
SRA - 99/01/10
Alc - 97/11/10
AMN - 97/01/10

c. Time Lost: none.

d. Art 15’s: none.

e. Additional: none.

£. CM: Special Court Martial Order No. - 00 Nov 16

 

CHARGE: Article 112

 

 

 

Specification 1: Did, on divers occasions, between 1 Nov 99 and
31 May 00, wronfully use psiloDyn, a Schedule I controlled
substance. Plea: Guilty. Finding: Guilty.

Specification 2: Did, on or about 13 Nov 99, wrongfull use 3.4
Methylenedioxymethamphetamine (MDMA) (Ecstasy), a Schedule I
controlled substance. Plea: Guilty. Finding: Guilty. Sentence:
adjuged by military judge alone on 26 Oct 00: Confinement for
two months and reduction to AB.

g. Record of SV: 96/07/10 - 98/07/23 Yokota AB’ 5 (Intial)
98/07/24 - 99/07/23 Yokota AB 5 (Annual)

(Discharged from Luke AFB)
we FD2002-0119

h. Awards & Decs: AFAM W/1 DEV, AFLSAR, AFTR, AFOSSTR, AFOSLTR, AFGCM.

i. Stmt of Sv: TMS: (04) Yrs (10) Mos (15) Das
TAMS: (04) Yrs (05) Mos (10) Das

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

Issue 1: Please consider an upgrade to honorable in the charactersic (sic)
of my discharge for the following reasons: Prior to my court martial I
completed four years of honorable service with the highest of E.P.R. ratings and
all obligations to my enlistment term; required to received the G.I. Bill. I
gave full and honest assistance to the authorities involved in the
investigations and prosecutions surrounding my court martial. Since my
discharge, I have lived as an honest citizen, attempting to complete a degree in
Computer Sciences.

ATCH
none.

02/06/27/ia
a | Fp2c2-O//7F
. /PARTMENT OF THE AIR FORCE...

PACIFIC AIR FORCES \ ,
vA

e
“5”

U.S. AIR FORCE

DEC 04 2099
MEMORANDUM FOR 374 AW/CC

FROM: 374 AW/JA

SUBJECT: Legal Reyjew of AFI 36-3208 Discharge - ais
374 ce.

1. I reviewed the subject package and as bce it of the evidence supports the

 

commander’s recommendation to discharg with a general discharge.

2. SUMMARY OF EVIDENCE:

a. For the Commander: Airman Basicaiigitiinas been in the Air Force for four years.
AB ie ~: tried by a Special Court-Martial on 26 Oct 00 for wrongfully using two
schedule I controlled substances, psilocyn and 3,4 methylenedioxymethamphetamine (MDMD)
(Ecstasy). ABQ pled guilty and was found guilty and sentenced to reduction to the grade
of Airman Basic and two months confinement. In her response to this discharge action, AB

, regrets that her actions tarnished an otherwise four years of outstanding military
service. Nevertheless it was four years of service that involved illegal drug abuse in a military,
which has established a “Zero Tolerance Policy” against drug abuse.

b. For the Respondent: ABS. submitted a response to this discharge action dated
29 Nov 00 requesting that she receive an honorable discharge in order to receive her GI Bill
educational benefits. She believes she is entitled to such benefits since her work performance
had always been described as exceptional as denoted by her enlisted performance reports and

chain of command. If AB <7 receives a General discharge she will lose her GI Bill
educational benefits. She states this would e it extremely difficult for her to pursue a goal of ~
completing her college education. AB ip: she is disappointed in herself and her
lapse of judgment. She believes she has learned from her mistake and hopes she will not
continue to suffer from them.

3. DISCUSSION: According to AFI 36-3208, Section H, para 5.54, drug abuse is incompatible
with military service and airmen who abuse drugs one or more times are subject to discharge for
misconduct. Furthermore, the presence in the military environment of persons who engage in
drug abuse seriously impairs accomplishing the military mission. Members who abuse drugs
adversely affect the ability of the Air Force to maintain discipline, good order, and morale.
“Ppzeonk- O// 7

a

4. When considering characterization of service, we look at the member’s service during the
current enlistment or period of service to which the separation pertains. In this case, the drug
abuse occurred in AB QB wren enlistment. Anan not regretting a one-time
use of drugs, which one may view as a momentary lapse of judgment. ABQ as abusing
drugs over a seven-month period, seven months in which she could have been pursuing her
college education. AB stan does not deserve the same consideration or benefits as airman
who chose not to abuse drugs while in the military. As a result, we believe the ai service

characterization appropriate in this case is general, as recommended by AB § junit
commander.

5. AB ae is not entitled to Probation and Rehabilitation (P&R) because she is being
separated for drug abuse.

6. OPTIONS OF THE SPECIAL COURT-MARTIAL CONVENING AUTHORITY
(SPCMCA):

a. Retain AB ie

b. Order ae discharged with a General discharge; or

c, Direct re-initiation of the discharge action if you believe an Under Other Than Honorable
Conditions discharge is warranted by the facts of this case; or

d. Forward the package to the General Court-Martial Convening Authority with a
recommendation that AB Rime. be discharged with an Honorable discharge.

7. RECOMMENDATION: Discharge ABQ with a general discharge, without probation
and rehabilitation.

 

 

cathe
ZEPARTMENT OF THE AIR FORCE...

PACIFIC AIR FORCES A
WJ

we ®
~ >

U.S. AIR FORCE

AS Nov 00

 

MEMORANDUM FOR A

 

me 3 74. CS
FROM: 374 CS/CCQ
SUBJECT: Notification Memorandum

1. 1am 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, section H, paragraph 5.54. If my
recommendation is approved, your service will be characterized as honorable or general (under
honorable conditions). ] am recommending your service be characterized as general.

2. My reason for this action is:

a. On divers occasions between 1 November 1999 and 31 May 2000, you wrongfully used a
schedule I controlled substance, to wit: psilocyn, in violation of Article 112a of the
UCM] as evidenced by your court-martial conviction on 26 October 2000.

b. On or about 13 November 1999, you wrongfully used a schedule I controlled substance,
to wit: 3,4 methylenedioxymethamphetamine (MDMD) (Ecstasy), in violation of Article
112a of the UCM] as evidenced by your court-martial conviction on 26 October 2000.

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 legal counsel has been obtained to assist you.
I made an appointment for you to consult Capra at the Area Defense Counsel’s office, on

29 November 2000 at 1300 hours. The Osan Area Defense Counsel can be peaches. at 784-4351,
You may consult-civilian counsel at your own expense. 7

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 _| Dea @ p00) 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.
coe DROP AH OL [

ae

7. You are scheduled for a medical examination. You must report to the Yokota Medical
Facility, Physical Exams Section by-0830 hours on 29 November 2000 for the examination. If
you wear eyeglasses or contact lenses, bring them to the exam with you. If you wear contact
lenses, bring a container.to place them in during the exam.

8. A copy of AFI 36-3208 is available for your use at the 374th Communications Squadron’s

Master Reference Library. Any personal information you furnish in rebuttal is covered by the
Privacy Act of 1974. :

9. Execute the attached acknowledgment and return itgp me immediately.

Section Commander

 

2 Attachments —
' 1, AF Form 1359, Result of Trial, dated 26 Oct 00
2. DD Form 490, Record of Trial, dated 26 Oct 00