PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

  

 

 

   
 

VOTHC OTHER

MEMBERS SITTING

 

 

  

 

 

 

 

 

 

 

 

 

 

 

ISSUES INDEX NUMBER
A94.05 A67,70

RUBS SUBMIT: Tab BOARD:
ORDER APPOINTING.THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE

 

 

 

 

LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

HEARING DATE CASE NUMBER

22 AUG 02 FD2002-0127

ee

 

 

 

 

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

Case heard at Washington, D.C.

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

 

SIGNATURE

 

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCH.

550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1335 COMMAND DR, EE WING. 3°? FLOOR

 

 

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 FD02-0127

GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the Reason and
Authority for discharge.

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 felt his discharge was inequitable because it was based on an isolated incident and
that his conduct and efficiency ratings were good. 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 received an Article 15 for wrongfully possessing hashish and marijuana, The DRB
took note of the applicant's duty performance as documented by his performance reports, letters of
recommendation and other information contained 1n 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. The Board found no
evidence of impropriety or inequity in this case on which to base an upgrade of discharge.

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
FD2002-0127
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 00/05/31 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Discharge and to
Change the Reason and Authority for Disch.

-

2. BACKGROUND:

a. DOB: 77/03/31. Enlmt Age: 18 3/12. Disch Age: 23 2/12. Educ:HS DIPL.
AFQT: N/A. A-59, E-831, G-76, M-79. PAFSC: X1A251 - Aircrew Aircraft
Loadmaster. DAS: 96/04/23.

b. Prior Sv: (1) AFRes 95/07/21 ~ 96/01/17 (5 months 27 days) (Inactive).

(2) Enlisted as AB 96/01/18 for 4 yrs. Svd: 3 yrs 1 month 26
days, all AMS. AMN -. 96/07/18. Alc - 97/05/18. SRA - 99/01/18. EPRs: Sy 5.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 99/03/15 for 6 yrs. Svd: 01 Yrs 02 Mo 16 Das, all
AMS.

b. Grade Status: AB - 00/04/17 {Article 15, 00/04/17)
ec. Time Lost: none.

d. Art 15's: (1) 00/04/17, Little Rock AFB, AR - Article 112a. You did,
on or about 3 Mar 00, wrongfully possess 2.4 grams of
hashish, a derivative of marijuana, a controlled
substance. you did, on or about 3 Mar 00, wrongfully
possess 3.5 grams of marijuana, a controlled substance.
Reduction to AB, forfeiture $250.00 pay per month for 2
months, 14 days extra duty, 30 days extra duty, anda
reprimand. (No appeal) (No mitigation)

e. Additional: none.

£. CM: none.

g. Record of SV: 98/09/18 ~ 99/09/17 Little Rock AFB 5 (Annual)
(Discharged from Little Rock AFb)

h. Awards & Decs: AAM W/2 OLCS, AM W/1 OLC, AFLSAR, AFTR, AFSM, HSM, CRM,
AFGCM, AFOUA, AFEM.

i. Stmt of Sv: TMS: (04) Yrs (10) Mos (11) Das
FD2002-0127
TAMS: (04) Yrs (04) Mos (14) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/03/13.
(Change Discharge to Honorable and Change Reason and Authority for
Discharge)

Issue 1: Dear Discharge Review Board. This is a statement that I believe
that my service discharge should be upgraded to Honorable and that my discharge
was inequitable. I believe that in my case the service acted unfairly and that
you review the attached documents to show that clemency is warranted because it
would be an injustice for me to continue to suffer.the adverse consequences of a
bad or general discharge. I feel this way for the following reasons and bases:

1. My average conduct and efficiency ratings/behavior and proficiency marks were
good. Reference Document #1,2,3, and 4.

2. Received awards and decorations. Reference DD 214.

3. Received letters of recommendations. Reference #1,2,3,4.

4. Had combat service in the Gulf. Reference DD 214.

5. Record of promotions showed I was a good service member.

6. I am_now married with one child and I have been.a good citizen since
discharge. Reference Documents #5,6,7, and 8.

Moreover, my record of NUPs/ Article 15s indicates only isolated or minor
offenses.

To make a point on this request for upgrade is that the punishment I got at
discharge was too harsh and worse than most people got for the same offense.

I wish to thank you for your time and consideration on this matter please review
and keep me advised. Thank you.

ATCH

Letter of Appreciation.

Letter of Outstanding Performance.

Aircraft Commander's Report on Crew Member.
Letter of Support.

Letter of Reference.

Certificate of Birth.

Marriage License.

DD Form 214.

On nur Whe

02/07/03/ia
FD 2002-0 [Z]

JEPARTMENT OF THE AIR FORG:

HEADQUARTERS 314TH AIRLIFT WING (AETC)
LITTLE ROCK AJR FORCE BASE, ARKANSAS

 

23 May 2000

MEMORANDUM FOR 314 AW/CC

FROM: 314 AW/JA

 
  

SUBJECT: Legal Review of Administrative Discharge -§ _
. me o1™ Airlift Squadron

 

LEGAL SUFFICIENCY: I have reviewed the attached case file of ¢igggueaeeaGiiiiaaiaitin.
a and I find it legally sufficient to support his commander’s recommendation to separate him
for Drug Abuse with an Under Honorable Conditions (General) discharge without probation and
rehabilitation (P&R).

 

2. PROCEDURAL REQUIREMENTS: On 23 May 2000S, 61 AS/CC,
initiated action under AFPD 36-32 and AFI 36-3208 to involuntarily separate dg for
Drug Abuse. AB Chie: properly notified of his rights associated with a notification
discharge IAW AFPD 36-32 and AFI 36-3208. (Tabs 1 and 2.) i ie waived both
consulting with counsel or to submit matters on his behalf. (Tab 3.) in ine
recommends that@i@i@iercceive an Under Honorable Conditions (General) service
characterization. As the Special Court-Martial Convening Authority for the installation, you are
the discharge authority for the case. AFI 36-3208, para 5.56.1.1; Special Order G-012, dated

23 September 1998, HQ USAF.

  
 

 

3. PERSONAL DATA: