await AEF RARAINTLE Xx RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION | ADDRESS AND OR ORGANIZATION OF COUNSEL
ISSUES, ~— INDEX NUMBER
LCETEES, ak q LE
A93.01 A67.70 ORDER. SPITTING THE BO oo
APPLICATION FOR REVIEW OF DISCHARGE ~~}
LETTER OF NOTIFICATION 1
HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE
21 AUG 02 FD2002-0131 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
_ PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING q
REMARKS
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 OF RECORDER SIGNATURE OF BOARD PRESIDENT
To: :
SAF/MIBR. 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
-| ATR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0131
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.
* ie
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 inequitable. He states that he was immature
at the time of the discharge. 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 and using marijuana. The DRB recognized the applicant was 20
years of age when the discharge took place. However, there is no evidence of record to indicate he was
immature or did not know right from wrong. The Board opined the applicant was as old as than the vast
majority of first term members who properly adhere to the Air Force standards of conduct. The Board
concluded this issue was without merit. 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
FD2002-0131
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former AB) (HGH AMN)
1, MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 92/03/04 UP AFR 39-10,
para 5-51 (Misconduct - Drug Abuse). Appeals for Honorable Disch.
2. BACKGROUND:
a. DOB: 71/06/15. Enlmt Age: 19 1/12. Disch Age: 20 8/12, Educ:HS DIPL,
AFOT: N/A. A-74, E-36, G-53, M-27, PAFSC: 64530 - Inventory Management
Specialist. DAS: 91/11/02.
b. Prior Sv: (1) AFRes 90/08/02 - 91/07/16 (11 months 15 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 91/07/17 for 4 yrs. Svd: 00 Yrs 07 Mo 18 Das, all AMS.
b. Grade Status: AB - 92/02/18 (Article 15, 92/02/18)
AMN - 92/01/17
c. Time Lost: none.
d. Art 15’s: (1) 92/02/18, Griffiss AFB, NY - Article 112a. You did, on
or about 22 Jan 92, wrongfully possess about 6 grams of
marijuana. Article 112a. You did, on or about 22 Jan
92, wrongfully use marijuana. Reduction to AB, and
forfeiture of $200.00 pay per month for one month.
(No appeal) (No mitigation)
e. Additional: none.
£. CM: none.
g. Record of SV: none.
(Discharged from Griffiss AFB)
h. Awards & Decs: AFTR.
i. Stmt of Sv: TMS: (01) Yrs (07) Mos (03) Das
TAMS: (00) Yrs (07) Mos (18) Das
4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/03/17.
(Change Discharge to Honorable)
Issue 1: I was immature at the time. If I had another chance I will serve
FD2002-0131
admirably.
ATCH
none.
02/07/03/ia
FR2c62-0/3 |
DEPARTMENT OF THE AIR FORCE,”
HEADQUARTERS 416TH WING (SAC)
GRIFFISS AIR FORCE BASE, NEW YORK 13441-5000
REPLY TO
ATTN OF: J A
: 28 February 1992
suwect, Legal Review, Administrative Discharge AFR 39-1
0, Chapter 5, Sect tun H;
Paragraph 5-51, a
e416 SUPS
ro, CC
1. Summary: Discharge action was initiated against @
Results
(5) Det 429 AFOSI/CC Ltr,
]1 Feb 92
(6) AF Form 1168 (Amn's
Statement), 5 Feb 92
2. Amn's Acknowledgment of LON
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