PERSONAL APPEARANCE X RECORD REVIEW

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ERR eM ERD TG TRE BOARD
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AQ317 AGT.70 i

> | APPLICATION FOR REVIEW OF DISCHARGE

3 | LETTER OF NOTIFICATION ~
mI ATCA a q | BRIEF OF PERSONNEL FILE -
21 AUG 02 — | FD2002-0133 COUNSEL'S RELEASETOTHEDOARD

 

 

“Al NAL EXHIBITS SURMITTRIAT TIME OF :
PERSONAL APPEARANCE.

 

 

TAPE RECORLI

  

NG OF PERSONAL APPERANCE HEARING

 

 

 

 

 

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right 10 a personal appearance, and the nighi to submit an application to
the AFBCMR,

 

 

 

 

FROM;

SAF/MIAR . SECRETARY OF THE AIR FORCE PERSONNE], COUNCIL
$50 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EK WING, 3? FLOOR

ANDREWS AFB, MI} 20762-7002
AFHO FORM 0-2077, JAN 00 “(EF-V2) Previous edition will be used. _
CASK NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-01313

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 ts denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
of impropriety, which would justify a change of discharge.

ISSUE: The applicant believes his discharge is inequitable because it was never proven ina court of law
that he did in fact abuse drugs. He states that he was discharged based on hearsay and thai his discharge
was inequitable because it was based on one isolated and unwarranted Letter of Reprimand in 3 years of
unwavering service with no adverse actions. ‘The applicant also believes his characterization of service was
honorable and that his discharge has adversely affected his livefihood and constitutional right to equal
opportunity education. Finally, the applicant states that he has been a respected, law abiding citizen since
his 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. he records indicated the applicant received a Letter of
Reprimand for wrongfully using cocaine. The record indicates that two witnesses gave written sworn
statements indicating that the applicant used cocaine on more than one Occaston, One of the witnesses also
took a polygraph examination, which supported the credibility of his sworn statement. ‘The Board
concluded the drug abuse was a significant departure from the conduct expected of al] miltary members.
The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of
discharge. The DRB was pleased to see that the applicant was doing well and has a good job. However, no
inequity or impropriety in his discharge was found in the course of the hearing. The Board concluded the
misconduct of the applicant appropriately characterized his term of service.

CONCLUSIONS: The Discharge Revicw 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 applicam's discharge should not be changed.

Attachment:
Examiner's Brief
FD2002-0133
: DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD ~

a (Former SRA) (HGH SRA)
a

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 01/03/27 UP AFI 36-3208,
para 5.54 (Miscenduct - Drug Abuse). Appeals for Honorable Discharge and to
Change the Reason and Authority for Digsch.

2. BACKGROUND:

a. DOB: 75/12/04. Enlmt Age: 22 0/12. Disch Age: 25 3/12. Educ:HS DIPh.
AFQT: N/A. A-96, E-93, G-96, M-91. PAFSC: 1T051 - Survival, Evasion,
Resistance, and Escape Instructor. DAS: 98/04/08.

b. Prior Sv: (1) AFRes 97/12/27 - 98/01/14 (21 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 98/01/15 for 4 yrs. Svd: 03 ¥rs 02 Mo 13. Das, all AMS,
b. Grade Status: SRA - 06/07/15
Alc - 99/05/15
AMN - 98/07/15
ec. Time Lost: none.
d. Art 15%s: none,
e. Additional: LOR, 09 FEB 01 - Wronfully use cocaine.

£. CM: none.

g. Record of SV: 98/01/15 - 99/09/14 Fairchild AFB 5 (Initial)
99/09/15 - 00/09/14 Fairchild AFB 5 {Annual)

{Discharged from Fairchild AFB)

h. Awards & Decs: AFOUA, AFTR.

i. Stmt of Sv: TMS: (03) Yrs (03) Mos (04) Das
TAMS: (03} Yrs {02) Mos (13) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DP Fm 293) dtd 02/03/15.
(Change Discharge to Honorable and Change the Reason and Authority for
Discharge)

Issue 1: My separation from the United States Air Force was for drug abuse.
I was never proven in a court of law that I did in fact abuse drugs. I was
FD2002-0133

administratively discharged based on heresay. The grounds for my separation
were unfair, and if dealt with similarly under civil law, would be considered
meang for lawauit as SLANDOR and/or DEFAMATION OF CHARACTER (see attachment #1,
Discharge Package, pp 1,5,7,9,11,58, and 61, all sections highlighted in blue).

Issue 2: My discharge was inequitable becauge it was based on one isolated
and unwarranted Letter of Reprimand (LOR) in 36 months of unwaivering service
with no adverse action {see attachment #1, Discharge Package, pp 5 and 9, all
sections highlighted in blue).

Tasue 3: There is sufficient documented evidence to warrant my
characterization of service as honorable (see attachement #1, Discharge Package,
pp 5,11-55, and 58-109, all sectiona highlighted in orange) -

Issue 4: My unfair discharge and subsequent barment letter have had
adversely negative effects on my livlihood and constitutional right to equal
opportunity education. My request to continue schooling was denied by
telephone, and I was forced to disenroll and pay the balance of my tuition (see
attachment #1, Discharge Package, pp 3-4, and attachment #2, Base Entry Request
Letter, pp 1-2). ,

Isaue $: Since the time of my discharge, I have continued to accumulate
documentation which supports my claim of being a respected, law abiding citizen
(see attachment #3, Post separation accolades, pp 1-11).

ATCH

1. Annotated Discharge Package.
2. Base - Entry Request Letter.
3. Post Separation Accolades.

02/07/09/ia
2eog-O/ PGF
DEPARTMENT OF THE AIR FOR. Fp |

HEADQUARTERS 92D AIR REFUELING WING (AMC)
FAIRCHILD AIR FORGE BASE WASHINGTON

 

MEMORANDUM FOR 92 ARW/CC

FROM: 92 ARWAA

  

SUBJECT, Legal Review of AFT 36- 3208, ga satinis tial Ye Soe oLdirmen
Administrative Discharge «G8 i Dna

 

1. Thave reviewed the proposed involuntary separation action conceming@iml _
respondent, and find it legally sufficient to support involuntary discharge for drug abuse under

AFPD 36-32 and AFI 36-3208, paragraph 5.54.

2. Background: On 27 Jul 00,4 fof the 22d Training Squadron,

Fairchild AFB, WA, tested p ositive for cocaine ina random drug urinalysis test. Before

testing positive for cocaine, jee bad been an outstanding performer witha _
adi record. In an interview the same day with the Office of Spectral Investigation sili

admitted using cocaine at a

 
 

 
 
  

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cocaine was proved 3s stated that ha iii,

ae Provost, inge ed the cocaine. During the course of the nasty, SrA
that he and see cocaine in the same manner at least two more

Week agreed to take a polygraph examination on his sworn testimony. SrA
passed” the polygraph examination, which supported the credibility of his swom

statement.

 

In addition, a second witness corroborated that MB (and his military roommate) used
cocaine on 8 Ful. A female civilian pave a written swoml statement stating that she also had

used cocaine ne wit - residence.

: Mand his military roommate were cach charged with a single specification of
cocaine use. Separate general courts-martial were set for 24 Jan 01 and 7 Feb 01 respectively.
Despite extensive efforts, OSI could not locate the female civilian witness to serve a subpoena
for the trials. Without the fernale civilian witness, only one witness (the airman) was left to
testify al trial. Because of that fact, the cocaine charges were withdrawn. The charges were
not withdrawn because they were found to be unsubstantiated, but rather based upon the
unavailability of the civilian witness and the likelihood that her pretrial statement would not be
admuiited at trial.

  
 

 

On 22 Feb 01, the 336 TRG/CC initiated this separation action against the respondent for drug
abuse. Fle recommends general discharge. The respondent acknowledged notification of this
action on 22 Feb 01.

AMC--Glabal Reach for América

STLEL¢260S WE -RAAR 26 POE'sO 2D Bad Unt
PeszE2-a/3D

3, The following misconduct supports this discharge which is warranted by the evidence:
On or about 8 Jul 00, at or near Spokane, Washington GGA on sfelly used
cocaine. For this action, he received a letter of reprimand dated 23 Jan 01.

4. Evidence favorable toffiAggMPinctuces the following:

a. This 21-year-old airman has served on active duty for 3 years, He began his current
term of enlistment on 15 Jan 98. His military record contains two performance reports with
the fotlowing ratings: 5 (15 Jan 98 — 14 Sep 99) and 5 (15 Sep 99 — 14 Sep 00)

b, The respondent consulted counsel and submitted a statement on his behalf. He requests
that you review bis response and associated documents conccrning his LOR.

5. Discussion: By a preponderance of the evidence, a basis for discharge cxists for drug abuse
pursuant to paragraph 5.54 of AFI 36-3208, Drug abuse is incompatible with mihtary service.
Airmen, who.abuse drugs one or more times, are subject to discharge for misconduct. The
presence in the military environment of persons who engage in drug abuse scriously impairs
accomplishing the military mission. Members who abuse drugs adversely affect the ability of
the Air Force to: maintain discipline, good order, and morale; foster mutual trust and
confidence among members; facilitate assignments and worldwide deployment; recruit and
retain members; maintain public acceptability of military service; and prevent breaches.of
security. The respondent's failure to comply with Air I‘orce standards by using cocaine clearly
indicates he is not fil to serve in the armed forces.

6. Airmen subject to discharge for drug abuse may be retaincd only if they meet all seven of
the -
criteria listed in AFI 36-3208, paragraph 5.55.2.1. The seven critcria are as follows: (1) such
abuse is a departure from his usual and customary behavior, (2) it occurred as a result of drug
experimentation; (3) it does not involve recurring incidents (other than experimentation); (4)
the member does nol desire/intend to hereafter abuse drugs; (5) the abuse is not likely to recur;
(6) the member’s conlinued presence in the AF is consistent w/good order and discipline, (7)
the abuse did not involve distribution. Probation and Rehabilitation (P & R) is not available in
drug related discharges. The 22 TRS/CC recommends a general discharge. I concur.

7. As the special court-martial convening authority, you may:

a. Recommend to 15 AF/CC to grant a waiver of discharge, permitting retention of the
respondent, if you believe he satisfies the seven retention cnteria of paragraph 5.55.2.1, listed
above.

-b, Approve an Under Honorable Conditions (General) discharge. You are the discharge
authority for this action. Probation and rehabilitation is not an option in drug abusc cases.

ST4AE&4e2nns He4AsH Fe ENF rRAM FN a7 unr
o FpzedZ- 0/355

c. Forward the case file to the Commander, Fifteenth Air Force if you conclude an honorable

discharge is warranted. The Commander, Fifteenth Air Force is the discharge authority for this
action.

d. Direct reinitiation of administrative discharge processing (with board entitlement) if you
conclude issuance of an Under Other Than Honorable Conditions discharge is warranted.

8. Recommendation: Approve a general discharge.

  

STtLE4LP260S © UC ARH 2G POE?8O 20 9e UNL
“; OO Pp 2002-3 /35

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

MEMORANDUM FOR SRA —— yO2 TRS

 

FROM: 336 TRG/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for drug abuse in
accordance with APPD 36-32 and AFl 36-3208, paragraph 5.54. If my recommendation is
approved, your service will be characterized as honorable, general, or under other than honorable
conditions. I reccommend your service be charactenzed as general.

2. My reasons for this action are:

On or about 8 Jul 00, at or near Spokane, Washington, you wrongfully uscd cocaine. For this
action, you received a letter of rcpnmand dated 9 Feb O1.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. ‘The commander exercising Special Court-Martial jurisdiction or a
higher authority wilt 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 night to consult counsel. Military legal counsel has been obtained to assist you.
Ihave made an appointment for you to consu La rea Defense Counsel, at DSN
382-2240 for an appointment on 2d. #27) O/ al_ 2904-3 . You may consult civilian
counsel at your owll expense.

   

5. You have the right to submit staternents in your owa behalf. Any statements you want the
separation authority to consider must reach me by _27/€0 o/ unless you request and receive
an extension for good cause shown. I will send therm to the separation authority.

6

6. H you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a watver of your mght to do so.

7. You have been previously scheduled for a medical examination with Flight Medicine,
Complete all fottow up appointments.

8. Any personal tnformation you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of APT 36-3208 is available for your use in your unit orderly room.
9, Execute the attached acknowledgment and return it to mgan

Commander

2 Attachments:
1. LOR dated 9 Feb 01 (2 pages)
2, Response to LOR dated 14 Feb 01 (45 pages)