[. PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR OKGANIZATION ADDRESS AND OR ORGANIZATION GF COUNSEL
MEMBERS SITTING
ea
oe
Mi j
ISSUES INDEX NUMBER
A93.17 467.30 1
2 | APPLICATION FOR REVIEW OF DISCHARGE
~ —.
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE |
4 La
23 AUG 02 FD2002-0134 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF ~
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
GERE DECISION, ON:
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 PRESID
My
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL.
§ AF/MIBR.
3550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 38° 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 FD02-0134
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.
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 believes his discharge is inequitable because his use of prescription and non-
prescription medications gave a false positive result in his urine. He also mentions his post-service
activities. 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 using marijuana. 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. 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 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
FD2002-0134
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 87/04/16 UP AFR 39-10,
para 5-49c (Commission of a Serious Offense - Drug Abuse). Appeals for Honorable
Disch.
2. BACKGROUND:
a. DOB: 63/09/15. Enlmt Age: 22 0/12. Disch Age: 23 7/12. Eduec:HS DIPL.
AFQT: N/A. A-48, E-81, G-80, M-82. PAFSC: 57130 - Apprentice Fire Protection
Specialist. DAS: 86/04/14.
b. Prior Sv: (1) AFRes 85/09/25 - 85/12/10 (2 months 16 days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 85/12/11 for 4 yrs. Svd: 01 Yrs 04 Mo 06 Das, all AMS.
b. Grade Status: AB - 87/03/19
AMN - 86/06/11
c. Time Lost: none,
da. Art 15's: (1) 87/03/19, Castle AFB, CA - Article 15. You did,
between about 20 Jan 87, and 27 Jan 87, wrongfully use
Marijuana. Reduction to AB, forfeiture of $100.00 pay
per month for two months. (No appeal) (No mitigation)
e. Additional: none.
£. CM: none.
g. Record of SV: 85/12/11 - 86/12/10 Castle AFB 8 (Annual)
(Discharged from Castle AFB)
h. Awards & Decs: AFTR.
oi. Stmt of Sv: TMS: (01) Yrs (06) Mos (22) Das
" TAMS: (01) Yrs (04) Mos (06) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/02/22.
(Change Discharge to Honorable)
Issue 1: All issues are contained in the "my story" document. Some of
these issues are as follows:
FD2002-0134
* Documented history of illness, E.R. admissions, use of prescription and
non-prescription medications.
* Lack of knowledge of drug interaction giving "false positive" results that
later information verified.
* The over-sized military at the time and the zeal to down-size it. Many
service organizations report a big jump in drug-related discharges during
this time.
* I was unfairly separated because a false positive drug screen.given to me
as a result of contracting a "unknown" illness and my hospital stay.
* My character, Active member of the Church, returned missionary, supportive
family.
* After discharge: Years of pain, slow recovery, now: married (13yrs), 2
boys, firefighter-paramedic, instructor of medical Spanish course.
ATCH
1. VA Cover Letter.
2. Statement Supporting Application (My Story).
3. Two Certificates of Completion.
4. Certificate of Merit.
5. Five Certificates of Training.
6. DD Form 214.
7. Certificate of Attendance.
8, Certificate of Membership.
9. Certificate of Appreciation.
10. Copies of Membership Cards.
11. Certificates of Training.
02/07/09/ia
FD 2AAZ- OFF
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 93D COMBAT SUPPORT GROUP (SAC)
CASTLE AIR FORCE BASE, CALIFORNIA 95342-5000
REPLY TO
ATTN OF: JA (Captai n aes ‘ ial
10April 1987
susvecr: Legal Review of AFR 39-10 Action sAF | DRB | CY2002 | FD2002-0040
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN | AB «oT X PERSONAL APPEARANCE RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION . I believe my discharge was inequitable because this was a one time incident in my 20 months of service in the Air Force. I understand my responsibility as it was to myself and the Air Force and I made a poor decision to smoke marijuana to fit in with others.
AF | DRB | CY2003 | FD2002-0494
f AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AlC AR X RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBERS SITTING HON GEN, UOTHC | OTHER DENY ~~ ISSUES INDEX NUMBER Au A93.17, A92.21, A92.37 A66.00 1 | ORDER APPOINTING THE BOARD 2 APPLICATION FOR REVIEW OF DISCHARGE 3 | LETTER OF NOTIFICATION HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE 03-05-21 FD2002-0454 COUNSEL’S RELEASE TO THE BOARD ADDITIONAL...
AF | DRB | CY2002 | FD2002-0128
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD fa NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN lini. CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | pp 002-0128 GENERAL: The applicant appeals for upgrade of discharge honorable. The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any.
AF | DRB | CY2002 | FD2002-0177
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDIN.E ENITIAL) “ GRADE AFSN/SSAN ” AB tee = 7 - . CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 1'1902-0177 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Major eh recommended that Senior Airman be fesued an under other than honorable conditions discharge without suspension for probation and rehabilitation (P & R)- After consulting legal counsel, Senior Airman QQ...
AF | DRB | CY2002 | FD2002-0038
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD20024038 GENERAL: The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner’s Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH SRA) FD2002-0038 1. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF.
AF | DRB | CY2001 | FD01-00015
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-01-00015 GENERAL: The applicant appeals for upgrade of discharge to honorable. Applicant contends that his discharge is inequitable since it was too harsh &e.’ resulting from an isolated incident of drug abuse and without taking into consideration such extenuating circumstances as peer pressure and family illness) and he should not be punished indefinitely for his mistake. For this, I received an Article 15 and was...
AF | DRB | CY2002 | FD00-00040
ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD ‘NAME OF SERVICE MEMRAER (LAST, FIRST MIDDLE INITIAL) ~ PERSONAL APPEARANCE AIC GRADE AYSN/S84N X RECORD REVIEW NAME GF COUNSEL AND OK ORGANZA THOM ADDRESS AND OR ORGANIZATION GF COLINSEL — M EMBERS SITTING HON GEN OTHC OTHER DENY at peer “INDEX NUMBER“ "" ERE PRIBIIS SUUMIFTED TO THE BOAR AQLS7 A66.00 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION HEARING DATE CASE NUMBER GRIEF OF PERSONNEL FILE ae et 23...
AF | DRB | CY2003 | FD2003-00051
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GEN PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION MEMBERS SITTING AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD AFSN/SSAN X RECORD REVIEW —————E = = @&@=—=—=
AF | DRB | CY2003 | FD2002-0522
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | yp902-9522 GENERAL: The applicant appeals for upgrade of discharge to honorable. Attachment: Examiner's Brief FD2002-0522 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD Git (Former SRA) (HGH SRA) 1, MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 1 Nov 88 UP AFR 39-10, para 5-49c (Misconduct - Commission of a Serious Offense - Drug Abuse). Letter of Counseling, dtd 17 Nov 87 4, Letter of...
AF | DRB | CY2003 | FD2002-0336
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN hee SSGT TYPE PERSONAL APPEARANCE X RECORD REVIEW COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES NO xX “VOTE OF THE BOARD MEMBERS SITTING HON GEN UOTHC OTHER DENY || rm) | mK) MK ISSUES INDEX NUMBER EXHIBITS SUBMITTED 10: THE BOARD A93.19 A67.50 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION HEARING...