AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
X RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
PERSONAL APPEARANCE
MEMBERS SITTING HON GEN VOTHC OTHER DENY
——
ISSUES INDEX NUMBER
A94,53, 493.17, A92.37 A66.00
Ea eR EE Hae Te Ret thee
ORDER APPOINTING THE BOAR
APPLICATION FOR REVIEW OF DISCHARGE
1
2
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
HEARING DATE CASE NUMBER
02-10-25 FD2002-0164
TAPE RECORDING OF PERSONAL APPERANCE HEARING
~ REMARKS
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.
/}
Pie,”
SIGNATURE OF RECORDER _.. 1) eam
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
Previous edition will be used.
AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | yp 902-0164
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 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.
Issues. Applicant was discharged for drug abuse. He had an Article 15 and a referral “3” Enlisted
Performance Report. Member submitted a random urine sample that tested positive for marijuana at twice
the DoD cut-off level. He subsequently admitted under oath that he had smoked a marijuana-laced cigar,
and continued to smoke it even after he realized it was marijuana-laced. At the time of the administrative
discharge processing, member was also recommended for a medical separation with 10 percent disability
severance pay for exercise induced anaphylaxis. The Secretary of the Air Force Personnel Council
considered member’s situation as a “dual action” and determined his medical condition did not contribute to
or aggravate member’s misconduct, and that the seriousness of member’s misconduct outweighed the
gravity of his medical condition and therefore administrative separation was more appropriate than medical
separation. The Board finds member’s misconduct was a significant departure from the standards expected
of all airmen. Therefore, no inequity or impropriety was found in his discharge in the course of the records
review.
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~-0164
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
pei, _ (FORMER AMN) (HGH A1C) MISSING DOCUMENTS
_eonteiiim:
1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/06/16 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch,.
2. BACKGROUND:
a. DOB: 77/08/20. Enlmt Age: 19 4/12. Disch Age: 22 9/12. Educ: HS DIPL.
AFOT: N/A. A-54, E-33, G-48, M-41. PAFSC: 4N031 - Medical Service Apprentice.
DAS: 98/01/14.
b. Prior Sv: (1). AFRes 96/12/19 - 97/04/22 (4 Mos 4 Days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 97/04/23 for 4 yrs. Svd: 3 Yrs 1 Mo 24 Das, all AMS.
b. Grade Status: AMN - 00/02/07 (Article 15, 00/02/07)
Alc ~ 98/08/23
AMN - 97/10/23
'-c. Time Lost: None.
d. Art 15’s: (1) 00/02/07, Seymour Johnson AFB, NC, Article 112a. You,
did, on or about 22 Oct 99, wrongfully use marijuana.
Reduction to the grade of AMN, 10 days extra duty, and
a reprimand. (No appeal) (No mitigation).
e. Additional: None.
£. CM: None,
g. Record of SV: 97/04/23 - 99/03/13 Seymour Johnson AFB 4 (Initial)
99/03/14 - 00/03/13 Seymour Johnson AFB 3 (Annual) REF
(Discharged from Seymour Johnson AFB)
h. Awards & Decs: AFTR, AFOUA.
i. Stmt of Sv: TMS: (3) Yrs (5) Mos (28) Das
TAMS: (3) Yrs (1) Mos (24) Das
4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/03/19.
(Change Discharge to Honorable)
FD2002-0164
NO ISSUES SUBMITTED.
ATCH
None.
02/08/01/cr
FD 2002 ~-O1b 4
MEMORANDUM FOR AMN $9: 4 DOS
FROM: 4 MDOS/CC
SUBJECT: Notification Memorandum
1. [am recommending your discharge from the United States Air Force for misconduct, specifically drug
abuse. The authority for my recommendation is AFPD 36-32 and AFI 36-3208, Chapter 5, Section H,
Paragraph 5.54. Pursuant to table 1.3 and paragraph 5.48 of AFI 36-3208, your service can be
characterized as honorable, general or under other than honorable conditions. I am recommending your
service be characterized as general.
2. My reasons for this action:
a. On or about 24 January 2000, you were given an Article 15 punishment for wrongfully using
marijuana, resulting in your demotion to Airman. On or about 9 November 1999, the Drug Testing
Laboratory, Brooks AFB, Texas reported that the urine sample you gave on 25 October 1999 tested
positive for the presence of tetrahydrocannabinol (THC). You then admitted to an OSI Special Agent, on
or about 10 November 1999, that on the night of 22 October 1999 you took smoked a “Black and Mild”
cigar which was laced with marijuana. After you realized that it was laced with marijuana, you continued
to smoked it. This is evidenced by AF Form 3070 dated 31 January 2000, with attachments (Tab 1a).
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 counsel. Military legal counsel has been obtained to assist you. I have
made an appointment for you to consult CapragiQQQQRQ@p@baees, Area Defense Counsel, at 1185
Cannon Street, Suite 308, Seymour Johnson AFB NC. The Area Defense Counsel can be reached at ext.
2-5345 or DSN 722-5345. Your appointment has been scheduled on __. (date) at
(time). You may consult civilian counsel at your own expense. |
FD 2002-Of6 4
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 (allow three duty days) 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 own behalf, your failure will constitute a
waiver of your right to do so.
7. You have been scheduled for a mandatory medical examination at the Physical Examination Section,
4th Medical Group, Seymour Johnson AFB, at hours on . You are scheduled for a
mandatory follow-up examination at Family Practice ( Team) at hours on
8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of
AFI 33-332 is available for your use at the unit orderly room or the Area Defense Counsel office.
9. Execute the attached acknowledgement and return it to me immediately.
__ Lt Col, USAF
Commander
Attachments:
1. Supporting Documentation:
a. AF Form 3070, 24 January 2000 w/atchs
Airman’s Receipt of Notification Memorandum
Medical Examination
EPRs
Airman’s Statement
=
AF | DRB | CY2002 | FD2002-0187
CASE HUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 12002-0187 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Retention Criteria and Consideration 02/08/08/cer ED'2002~- WET DEPARTMENT OF THE AIR FORCE 47H FIGHTER WING (ACC) SEYMOUR JOHNSON AIR FORCE BASE NC 9 January 2002 MEMORANDUM FOR 4 FW/CC FROM: 4 FW/JA SUBJECT: Legal Review—-Discharge Under AFI 36-3208, Chapter 5, Section H, Paragraph 5.54, Ann SAD. A member found to have abused drugs will be...
AF | DRB | CY2002 | FD2002-0065
The records indicated the applicant received a General discharge for Misconduct — Drug Abuse. The respondent consulted counsel and did submit a statement in his own behalf. Approve separation and discharge the respondent with a general discharge without probation and rehabilitation; or 9 c. Approve separation and recommend to the 9 AF(P)/CC that the respondent be discharged with an honorable discharge without probation and rehabilitation; or d. If you believe an under other than honorable...
AF | DRB | CY2001 | FD01-00065
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-01-00065 GENERAL: The applicant appeals for upgrade of discharge to Honorable. Background Information: The respondent has more than six years military service, therefore he is entitled to an administrative discharge board hearing. Based on the respondent’s record, a General discharge is appropriate when characterizing the respondent’s overall service record and drug abuse.
AF | DRB | CY2003 | FD2002-0535
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE GENERAL: The applicant appeals for upgrade of discharge to honorable. At the time of the discharge, member consulted counsel and submitted a statement in his own behalf requesting an honorable separation in order to receive his G.I. On or about 19 July 2001, you received a Record of Individual Counseling for drinking alcohol while under the age of 21.
AF | DRB | CY2003 | FD2002-0296
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN AMN PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION MEMBERS SITTING Pe ei X RECORD REVIEW APDRESS AND OR ORGANIZATION OF COUNSEL ISSUES A92.15, A92.21, A93.11 INDEX NUMBER A47,00 HEARING DATE 03-01-03 CASE NUMBER FD2002-0296 REMARKS Case heard at Washington, D.C. ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL...
AF | DRB | CY2006 | FD2005-00417
TX 78 150-4742 AFHQ FORM 0-2077, JAN 00 ------- DATE: 5/32/3006 SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1 FROM: I I (EF-V2) Previous edition will be used 1 I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2005-00417 GENERAL: The applicant appeals for upgrade of discharge to honorable. The records indicated the applicant received an Article 15 for wrongful use of marijuana and consuming alcohol while under the age of 21, following...
AF | DRB | CY2003 | FD2002-0001
ae CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0001 GENERAL: The applicant appeals for upgrade of discharge to Honorable. 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. Iam recommending your discharge from the United States Air Force for misconduct, specifically for minor disciplinary infractions.
AF | DRB | CY2002 | FD2001-0545
_ CASK NUMBFR AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE =} eng) _o545 GENERAL, The applicant appeals for upgrade of discharge to Honorable, and to change the Reason and Authority for discharge. i ~ 5S JEPARTMENT OF THE AIRFORL.. — FPP REO" OS 7 — 4TH FIGHTER WING (ACC) SEYMOUR JOHNSON AIR FORCE BASE NC uit 28 March 200] MEMORANDUM FOR 4 FW/CC FROM: 4 FW/TA SUBJECT: egal F CLS ¢ Under AFT 36-3208, Chapter 5, Section H, Paragraph 5.54, CRS tomers y: The 4th Component Repair...
AF | DRB | CY2003 | FD2002-0345
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0345 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The record indicates the applicant received two Article 15’s for failure to go. © Attachment: Examiner's Brief FD2002-0345 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH A1C) 1.
AF | DRB | CY2003 | FD2002-0307
I I AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING EX NUMBER 1 I ORDER APPOINTING THE BOARD 2 1 APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION PERSONAL APPEARANCE HEARMG DATE 06 Dec 2003 CASE NUMBER FD-2002-0307 Case heard at Randolph AFB, Texas Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR TO: SAFMRBR 550 C STREET WES,T, SUITE...