AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

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RECORD REVIEW

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

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ISSUES INDEX NUMBER fe TS) EXHIBIES SUBMITTED 10. THE BulaE FRE

 

APPLICATION FOR REVIEW OF DISCHARGE

 

LETTER OF NOTIFICATION

 

HEARING DATE CASE NUMBER

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BRIEF OF PERSONNEL FILE

 

12 December 2002 FD2002-0167

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

  

RCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

 

 

SIGNATURE OF &

    

 

   
 

  
 

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0167

GENERAL: The applicant appeals for upgrade of discharge to Honorable, a change of reason for
discharge, and a change of reenlistment eligibility (RE) code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
AFB, Maryland on 12 December 2002. The following witness also testified on the applicant’s behalf: Mr.
wep the applicant’s father.

The following additional exhibits were submitted at the hearing:

Exhibit 5: Six character letters, one letter from Police Dept., Meriden, Conn., and a Real Estate Certificate
from Middlesex Community-Technical College.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge, change of reason for discharge, and change of RE code are denied.

The DRB finds no evidence of record or that provided by the applicant in verbal testimony that
substantiates an inequity or impropriety, which would justify a change of discharge.

ISSUES: The applicant feels that his punishment was too harsh and reflected an inaccuracy in that “Drug
Abuse” is listed as the reason for his discharge from military service. He denies ever using drugs, which he
says is supported by at least 6 negative urine drugs screens before the incident, one negative urine drug
screen after the incident, and one negative urine screen from his employer since his separation. The
applicant admits making the phone call to an ex-girlfriend for the purpose of arranging for a friend to
purchase illegal drugs, by driving the friend to make the transaction, while he observed from a distance.
While the member’s DD Form 214 lists Misconduct as the reason for his General Discharge, a letter of legal
review and notification from the 341 Space Wing/JA to the 341 Space Wing/CC specifically states under
“Evidence For The Government” the following statement: On 10 January 00, Respondent wrongfully used
marijuana. A final” Recommendation” is made to Discharge AB Fox [AW AFI 36-3208, paragraph 5.54,
for drug abuse with a general discharge without probation and rehabilitation. Under current law, a person
who participates in or arranges the purchase or use of an illegal drug by another person via a prearranged
agreement to do so is also guilty of said purchase/use of the illegal drug. In the current wording of the law
governing charges for Misconduct or Unfitness for a drug-related offense, the term “Illegal use of drugs” is
utilized to describe the violation (after 1 July 1983), even though the illegal drug may not have been
actually introduced into the body. Prior to 1 October 1982, the offense was worded more inclusively as,
“Drug use, sale or possession”. The member desires a change in the description of his offense.

CONCLUSIONS: The Discharge Review Board finds 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 change of
reason for discharge and change of RE code, thus the applicant’s discharge should not be changed. The
Board encourages the applicant to seek further remedy via BCMR to more clearly record his Misconduct as
a conspirator in the purchase/sale/use of an illegal drug, but not as a “user or abuser” of illegal drugs.

Attachment:
Examiner's Brief
FD2002-0167
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

i (Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/03/14 UP AFI 36-3208,
para 5.54, (Misconduct - Drug Abuse). Appeals for Honorable Discharge and
Upgrade of RE Code.

2. BACKGROUND:

a. DOB: 80/03/25. Enlmt Age: 17 4/12. Disch Age: 19 11/12. Educ:HS DIPL.
AFOT: N/A. A-20, E~-41, G48, M-40. PAFSC: 3P031 - Security Apprentice.
DAS: 99/01/18.

b. Prior Sv: (1) AFRes 97/08/20 - 98/08/11 (1 yr 0 mos 1 day) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 98/08/26 for 4 yrs. Svd: 01 Yrs 06 Mo 18 Das, all AMS.

b.. Grade Status: AB - 00/02/15 (Article 15, 00/02/15)
AMN/A1C - Unkown

‘¢. Time Lost: none.

d. Art 15’s: (1) 00/02/15, Malmstrom AFB, MT - Article 81. You, did, at
or near Cascade County, Montana, on or about 10 Jan 00,
conspire with AIC ------ to commit an offense under the
Uniform Code of Military Justice, to wit: wrongful use
and possession of a controlled substance, and in order
to effect the object of the conspiracy you did arrange
for the purchase of marijuana by A1C ------ . Article
107. Further, you, did, on or about 26 Jan 00,
wrongfully impede an investigation, in the case of A1C
------ by making a false official statement to the
investigator. Reduction to AB, forfeiture of $502.00
pay per month for 2 months, and 30 days extra duty.

(No appeal) (No mitigation)

e. Additional: none,
£. CM: none.
g. Record of SV: none.
(Discharged from Malmstrom AFB)

h. Awards & Decs: AFTR, AFOUA.
FD2002-0167

i. Stmt of Sv: TMS: (02) Yrs (06) Mos (19) Das
TAMS: (01) Yrs (06) Mos (18) Dag

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/11/30.
(Change Discharge to Honorable and Change the RE Code)

ISSUES ATTACHED TO BRIEF.

ATCH

1. Applicant's Issues.

2. Six Character References.
3. Background Check.

4. Real Estate Certification.
5. DD Form 149 w/attachments.

02/08/06/ia
EV 260Z-0/ C7

“DEPARTMENT OF THE AIR FORG::
HEADQUARTERS 3415T SPACE WING (AFSPC)

   

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Ate

. MEMORANDUM FOR 341 SW/CC F 9 MAR 2000

FROM: 341 SW/IJA

 

“SUBJECT: Legal Review, Administrative Discharge Action + hia -

   
 
 

1. ACTION: On 1 Mar 00giiiiiihiiiaisil

discharge action againsteliianEaeaaaae
36-3208, paragraph 5.54, for drug abuse. ~
without offer of probation and rehabilitation.

me90 MS/CC, initiated administrative
Sewer (hereinafter Respondent) IAW AFI
Seeerecommends a general discharge

2. PERSONAL DATA:
a. Date and Term of Current Enlistment: 26 Aug 98, 6 years
b. Age: 19
c. Pay Date: 26 Aug 98
d. TAFMSD: 26 Aug 98

e. Overall Ratings on Performance Reports: (N/A)

3. EVIDENCE FOR THE GOVERNMENT: The following provides the basis for cuEhaIZO and
may be considered on the issues of retention and service characterization.

On 10 Jan 00, Respondent wrongfully used marijuana. For this misconduct Respondent received
an Article 15 dated 15 Feb 00.

4, EVIDENCE FOR THE RESPONDENT: The Respondent waived his right to consult counsel
and chose not to submit statements.

5. DISCUSSION:

a. The file is legally sufficient to suppor commendation that the

‘Respondent be discharged for drug abuse. In accordance with AFI 36-3208, Chapter 5, Section
H, paragraph 5.55.2.1, a member found to have abused drugs must be discharged unless the
member presents evidence justifying retention. In this case, the Respondent has presented no
such evidence.

b. In accordance with AFI 36-3208, paragraph 7.2.6, probation and rehabilitation is not —
authorized when the reason for discharge is drug abuse.
— FRLe0z -Of@7

6. OPTIONS:
a. Disapprove the discharge action and order retention of Respondent.

b. Recommend to 20 AF/CC that Respondent receive an honorable discharge for drug abuse
with or without probation and rehabilitation.

c. Approve the discharge and order Respondent’s general discharge for drug abuse with or
without probation and rehabilitation.

d. Recommend that Respondent receive an under other than honorable conditions discharge
with or without probation and rehabilitation. If you determine that this is the appropriate
disposition of this case, please return the file for discharge board processing.

7. RECOMMENDATION: Discharge AB Fox IAW AFI 36-3208, paragraph 5.54, for drug
abuse wi ha general discharge without probation and rehabilitation, as recommended by

  

  

*

Attachment:

Case File