Aon:

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE
GEN PERSONAL APPEARANCE X RECORD REVIEW
aU NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

xX
xX
X
xX
ISSUES INDEX NUMBER Huis SUE TR TO Tae BUA
A93.09, A92.37, A92.35 A66.00 1 | ORDER APPOINTING THE BOAR
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
02-10-29 FD2002-0155 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING |

 

 

ROAR On iN

 

 
 

 

 

Case heard at Washington, D.C.

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

SIGNATURE/OF RECORDER

 

 

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3°” FLOOR
ANDREWS AFB, MD 20762-7002

Previous edition will be used.

   
 

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

    

AFHQ FORM 0-2077, JAN 00
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | y7902-0155

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 the applicant substantiates an
impropriety or inequity that would justify an upgrade of the discharge to honorable.

Issues. Applicant was discharged for misconduct, namely drug abuse (marijuana), for which member
received an Article 15. Member also had a Letter of Counseling for missing a mandatory Commander’s
Cali formation, and had a Letter of Reprimand for leaving his duty section for 6 hours. Of his four Enlisted
Performance Reports, two were rated an overall “3’ and one of those was a referral that noted his failure to
obey regulations, his being found asleep on post three times, driving without insurance and on a suspended
license, and being counseled for being late to work three times in one month. The record shows that at the
time of the discharge member consulted counsel yet waived his right to submit statements in his own
behalf. He now infers his illegal marijuana use was a lapse of judgment due family problems and stress he
experienced. He also notes he used marijuana twice; this would have rendered member ineligible for
retention because multiple incidents of illegal drug use could not be viewed as “experimental” as required
by the retention criteria. Furthermore, member did not request he be considered for retention at the time of
the discharge, and had he, the burden would have been his to show he met the seven retention criteria. 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. Marijuana use is viewed as a very serious failure to
meet Air Force standards. The Board noted that because drug abuse is not compatible with Air Force
standards, the characterization of service he received is warranted.

Applicant cited his desire to receive his G.I. Bill education benefits as justification for an upgrade. While
the Board was sympathetic to the impact of the loss of these benefits on applicant, this is not a matter of
equity or propriety that warrants an upgrade.

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
FD2002-0155
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 01/05/11 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 77/11/05. Enilmt Age: 18 2/12. Disch Age: 23 6/12. Educ: HS DIPL.
AFQT: N/A. A-76, E-58, G-64, M-55. PAFSC: 1N251 - Signal Intelligence
Production Specialist. DAS: 99/10/21.

b. Prior Sv: (1) AFRes 96/01/16 - 96/09/03 (7 Mog 18 Days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 96/09/04 for 4 yrs. Svd: 4 Yrs 8 Mo 8 Das, all AMS.

b. Grade Status: AB - 00/11/13 (Article 15, 00/11/13)
SRA - 99/02/19
AMN/A1C (EPR Indicates): 96/09/04 - 98/04/15

c. Time Lost: None

d. Art 15’s: (1) 00/11/13, Ft Meade, MD, Article 1l2a. You did, at or
near Pasadena or Glen Burnie, Maryland, between 1 Jul
2000 and 30 Sep 2000, wrongfully use marijuana.
Reduction to the grade of AB. (No appeal) (No
mitigation) .

é. Additional: None.

£. CM: None

(HAF Directed)
(Annual) REF

(Annual)
(HAF Directed)

g. Record of SV: 96/09/04 - 98/04/15 Misawa AB
98/04/16 - 99/04/15 Misawa AB
99/04/14 - 00/08/14 Ft Meade
00/08/15 - 01/04/20 Ft Meade

(Discharged from Ft Meade)

h. Awards & Decs: AFLSAR, AFTR, AFOSLTR, AFOUA, AFGCM.

i. Stmt of Sv: TMS: (5) Yrs (3) Mos (26) Das
TAMS: (4) Yrs (8) Mos (8) Das
Seite ny

Fe2002-0/5S

DEPARTMENT OF THE AIR FORCE
70th INTELLIGENCE WING (ACC)
FORT GEORGE G. MEADE, MARYLAND

   

    

ey ,
1 a

MAY 4 2001
MEMORANDUM FOR 70 IW/CC

FROM: 70IW/JA

 

SUBJECT: Legal Review, Administrative Discharge

 
 

1. Authority for Action: | have reviewed the attached administrative discharge package in
accordance with AFI 36-3208 and find it legally sufficient to support a finding that the
Responden ia is subject to discharge for Misconduct (Drug Abuse)

under AFI 36-3208, Chapter 5, Section H, Paragraph 5.54. All further paragraph references are
to AFI 36-3208 unless specifically stated otherwise.

  
 

2. Respondent’s Military Record: Respondent has been on active duty since 4 Sep 96. He is
not entitled to an administrative board hearing based on time in service, grade, or any other
factor. He has three Enlisted Performance Reports (4, 3, & 4).

Respondent’s Response! consulted with counsel and has chosen to waive his
aa to submit statements on his behalf,

4, Analysis:

   
 

3. Basis and Propriety of Discharge: The initiating commander has recommend Be
E ne separation based on Paragraph 5.54. Paragraph 5.54 authorizes the invol
separation of airmen who illegally, wrongfully, or improperly use, possess, sell, transfer, or
introduce onto a military installation any drug, including both controlled and prescription drugs.
According to paragraph 5.55.2, an airman found to have abused drugs will be separated unless he
or she meets all seven of the following criteria: (1) drug abuse is a departure from the member’s
usual and customary behavior; (2) drug abuse occurred as a result of drug experimentation; (3)
drug abuse does not involve recurring incidents; (4) the member does not desire or intend to
engage in drug abuse in the future; (5) drug abuse under all the circumstances is not likely to
recur; (6) under the particular circumstances of the case, the member’s continued presence in the
Air Force is consistent with the interest of the Air Force in maintaining proper discipliné, good
order, leadership, and morale; and (7) drug abuse did not involve distribution siaeilaiie
wrongfully used marijuana and was given an Article 15 on 13 Nov 00. His use constitutes drug
abuse within the meaning of paragraph 5.54 and therefore merits his involuntary separation.
Accordingly, paragraph 5.55.2 mandates his separation from*the U.S. Air Force since there is no
ects all seven of the retention criteria.
Fp200Z-5/SS

b. Characterization of Discharge: His commander has decided not to submit a waiver
recommendation of discharge under paragraph 6.60. According to paragraph 1.18.1,
characterization of service as Under Honorable Conditions (General) is appropriate when
significant negative ; aspects of an airman’s conduct outweigh the positive aspects of his or her
military record. ARE rug abuse is a significant departure from accepted behavior in
the military and consequently overshadows any iden lentifiable positive aspects of his military
record. Accordingly, characterization offs service as Under Honorable

Conditions (General) is appropriate.

 

   

 

c. Probation and Rehabilitation (P&R): According to paragraph 7.2.6, ii ie,
eligible for P&R because the basis for this discharge is Drug Abuse, pursuant to paragraph & 5. 54.

5. Options: You may:

a. Retain the Respondent if you determine the evidence does not support discharge;
b. Forward the discharge package to the 8AF/CC recommending an Honorable discharge;
c. Discharge him with an Under Honorable Conditions (General) discharge without
probation and rehabilitation; or
. d. Direct reinitiation of the discharge under another section.

 

6. Recommendation: I recommend that you sign the attached letter directing:

discharged from the Air Force with an Under Honorable Conditions (General) discharge without
probation and rehabilitation.

| Staff Judge Advocate —
; Fo 2002 4/55

DEPARTMENT OF THE AIR FORCE

70th INTELLIGENCE WING (ACC)
FORT GEORGE G. MEADE, MARYLAND

 

20 Apr 01

 
 
 

MEMORANDUM FOR gael
FROM: 29 IS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Misconduct, Drug
Abuse. The authority for this action is AFPD 36-32 and AFI 36-3208, Chapter 5, Section H,
Paragraph 5.54, If my recommendation is approved, your service will be characterized as either
honorable or general. I am recommending that your service be characterized as general.

2. My reasons for this action are that between on or about 1 July 2000 and 30 September 2000

you wrongfully used marijuana, for which you received nonjudicial punishment under UCM,
Article 15, on 13 Nov 00.

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 legal counsel. Military legal counsel has be
you. I have made an appointment for you to consult Gam nie

Andrews AFB, on30-Aprii 2001 at 1030. You may consult civilian counsel at your own
expense. 1 mAT

a obtained to assist

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 3 May 2001 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 behalf, your failure will
constitute a waiver of your right to do so.

7. You have been scheduled for a medical examination. You must report to Bolling AFB,
Physical Exams Section, 202-767-4090, at 0830 on 26 April 2001 with your
medical records for the examination.

“Freedom Through Vigilance”
any — PD 202-0 (SS

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 is available for your use at the 29 IS orderly room or the Area Defense
Counsel's office.

9. Execute the attached acknowledgment and retugy#it to me immediately.

   

3 Attachments:
1. Supporting documents
(a) AF Form 3070, dated 2 Nov 00 (3 pages)
2. Other Derogatory Information
(a) Letter of Counseling, dated 24 Jul 00
(b) Letter of Reprimand, dated 5 Jan 99 (3 pages)
3. Airman’s Receipt of Notification Memorandum

“Freedom Through Vigilance”