AIR FORCE DISCIARGE REVIEW BOARD HEARING RECORD

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDELE INITIAL) GRADE AFSN/SSAN
AMN
PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL ARP OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL —_——_

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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ATS A6T.70 1 ORBLE APPOINTING THE BOARD
| ABPLICATION FOR REVIEW OF DISCHARGE
30 | LEUIER OF NOTIFICATION
ae are CASE NUMBER 4 | BRIEF OF PERSONNEL, FILE . a
11 Oct 02 FD2402-0187

 

COUNSEL'S RELEASE TO THR HOARID

“ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
TRRAOINAL AVPRARAKCE

 

 

 

 

TAPE RECORDING OF PRESUINAL 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 AFLCMR.

  
    

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FROM:
SAP/MIRR, SECRETARY (96 THE AIK FORCE PERSONNEL COUNCIL
oH) C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANIWOLPH AFR, TX 78150-4742 1535 COMMANII DR, EE WING, 3°° FLOOR
ANLREWS APB, MD 20762-7002

 

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE HUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 12002-0187

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 atlached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is demed.

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

The appheant’s issues are listed in the attached brief,

Issuc 1. The applicant states that her discharge was based on one isolated incident in 39 months of service
with no other adverse actions. The DRB agreed that the applicant’s discharge was based on a single
incident of misconduct; however, the Board found that the seriousness of that misconduct L.c., drug abuse,
oulweighs the applicant’s otherwise satisfactory servicc. The Board found no evidence of inequity or
topropnety on which to base a decision to upgrade.

Issue 2, The applicant contends that she could have been rehabilitated because she met the seven criteria
for retention listed in AFI 36-3208, paragraph 5.55.2.1. The Board found that it was clear from the
statement she provided in response to the Article 15 action that she is a recurrent manjuana user. In her
response, the applicani admitted to smoking manjuana on 15 November 2001. In addition, in an OSI
slualement, the applicant admitted to receiving 3 “shotguns” of marijuana from a fricnd on 22 November
2001, The Board concluded the misconduct of the applicant appropriately characterized her term of

‘| service.

 

Issue 3. The applicant stated that her discharge was incquitable because it was not treated in the same
manner as other drug abuse cascs at Seymour Johnson AFB. The Board concluded that it would be
inappropriate to compare the applicani’s case to other drug abuse cases that may have been processed at (he
same time.

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, thus the applicant's discharge should not be changed.

Attachment:
Examunet's Bnef
FD2002-0187
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN} {HGH SRA)
(MISSING DOCUMENT)

. 1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 02/01/15 UP AFI 36-3208,
para 5.54 [Misconduct - Drug Abuge). Appeals for Honorable Diach.

2. BACKGROUND:

a. DOB: 80/04/08. Enlmt Age: 18 1/12. Disch Age: 21 9/12. Educ: HS DIPL.
AFOT: N/A. A-86, E-26, G-41, M-14. PAFSC: 3A051 - Information Management
Journeyman. DAS: 99/01/14.

b. Prior Sv: (1) AFRes 98/05/16 - 98/09/22 (4 Mos 7 Daya) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 98/09/23 for 4 yrs. Svd: 3 Yrs 3 Mos 23 Dag, all AMS.

b. Grade Status: AMN - 01/12/20 (Article 15, 01/12/20)
SRA + 01/03/23
Alc - 00/01/23
AMN - 99/03/23

ea, Time Logt: None.

d. Art 15’8: (1) 01/12/20, Seymour Johngen AFB, NC, Article liza. You,
did, on or about 19 Oct 2001 and on or about 22 Nev
2001, wrongfully use marijuana. Reduction to-the grade
of AMN. Appeal denied. (No mitigation}

e®. Additional: None.

‘£. CM: None.

g. Record of SV: 98/09/23 - 00/05/22 Seymour Johnson AFB 5 (Initial}
00/05/23 - 01/05/22 Seymour Johnson AFB 4 (Annual)

(Discharged from Seymour Johnsen AFB)
h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (3) Yre (8) Mos (0} Das
TAMS: (3) Yrs (3) Mos (23) Dag

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/18.
(Change Discharge to Honorable)
FD2002-0187

Issue 1: My discharge was inequitable because it was based on one
isolated incident in 39 months of service with no adverse action.

Issue 2: I alao believe ny discharge should be upgraded because there ia a
retention criteria and consideration category that I fell into and my commander
did not take the package that I submitted into consideration although the
requlation stated otherwise.

Issue 3: My discharge was inequitable because there were othe drug abuse
incidents on Seymour Johnson Air Force Base where a NCO was abusing steriods and
his case made it to MAJCOM where as my cage didn't get the same respect.

ATCH

1, Enlisted Performance Reports

2. Response to Administrative Diacharge Action
3. 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. F 4188

1. HISTORY: The 4th Logistics Support Squadron Commander has recommended that Amn 93

Rel >- discharged from the Air Force for misconduct, specifically drug abuse. The basis for this
recommendation is AFI 36-3208, Chapter 5, Section H, Paragraph 5.54. The commander recommends a
general discharge without a period of probation and rehabilitation (P&R). The respondent is eligible for,
and has been processed by, notification procedures in accordance with AFI 36-3208, paragraph 6.2. The
respondent did consult military counsel and did submit a statement in her own behalf. Her response is at
Tab 6.

2. BASIS FOR ACTION: Between on or about 19 October 2001 to on or about 22 November 2001,
Amn MM wrongfully used marijuana. On 14 December 2001, Amn a> received Article 15
punishment that resulted in her demotion to airman.

3. EVIDENCE FOR THE RESPONDENT: Arn Qt is 21 years old and has served on active duty
since 23 September 1998. The respondent has received two enlisted performance reports with overall
ratings of 5 and 4 (oldest to most recent), Jn her statement, ihe member requests you consider retaining
her on active duty and explains that she believes she fits the criteria for retention in AFI 36-3208.
Altematively, if you determine discharge is appropriate, she requests her discharge be characterized as
honorable.

4, ERRORS AND IRREGULARITIES: None
5. CONCLUSIONS:

a. Discharge is appropriate under AFI 36-3208, Chapter 5, Section H, Paragraph 5.54, which states
that drug abuse is incompatible with military service and that airmen who abuse drugs one or more times
are subject fo discharge for misconduct. 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 maintain members; maintain public
acceptabihily of military service and prevent breaches of security.

b. A member found to have abused drugs will be discharged unless the member meets all seven of the
criteria listed in AFI 36-3208, paragraph 5.55.2.1. The burden for proving these criteria is on the
member, according to paragraph 5.55.2.2. Although Amn Qi alleges in her memorandum to the
convening authority that she meets all seven criteria necessary for retention, it is clear from the statements
she provided for her Article 15 response and the OSI statement she provided in response to this action that
she is a recurrent drug user. Specifically, in her Article 15 response, Amm@gRpedinitied to smoking

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marjuana on 15 November 2001; she was selected for a random urinalysis on 19 November 2001. Tn
addition, in the statement Amn QAM provided to the OSI (page 2 of AF Form 1168) she admitted to
receiving three “shotguns” of marijuana from a friend on 22 November 2001. Based on the information
Amn WERE provided, it ts clear that she does not mect retention criteria because she has engaged in
recurrent marijuana use, rather than mere experimentation. As a result, she has failed to prove that she
meets al] seven retention criteria, therefore, discharge is appropriate in Arm RB Ase.

c. Characterization of Service: 1 concur with the commander’s recommendation of a general
discharge. According to AFT 36-3208, paragraph 5.48.4, an honorable characterization is appropriate in a
discharge for misconduct when “the member’s record has been so meritorious that any other
characterization would be clearly inappropriate.” In such cases, the GCM convening authorily approves
the service characterization. On the other hand, a general discharge is warranted, according to patagraph
1.18.2, when “significant negative aspects of the airman’s conduct or performance of duty outweigh
positive aspects of the airman’s military record.” Amn (0 wrongful use of drugs outweighs the
positive aspects of her service; therefore, a general discharge is appropriate.

d. Probation and Rehabilitation: Members approved for discharge for drug abuse are not eligible for
probation and rehabilitation in accordance with AFI 36-3208, paragraph 7.2.6.

6. LEGAL SUFFICIENCY: This case file is legally sufficient, contingent upon a finding that the
respondent is medically qualified for worldwide duty.

7. OPTIONS: As the separation authority, you have the following options in this case:

a. Retain the respondent; or

b. Approve separation and recommend to the 9 AF (P)/CC that the respondent be discharged with an
honorable discharge without probation and rehabilitation; or

¢. Approve separation and discharge the respondent with a general discharge without probation and
rehabilitation; or |

d. If you believe an under other than honorable conditions (UOTHC) discharge is appropriate, return
the case file to the squadron commander and direct processing by administrative board procedures LAW
AFT 36-3208, paragraph 6.13.

8. RECOMMENDATION: That you approve the scparation of Amn@@jg§from the United States Air
Force with a general discharge, without probation und rehabilitation, by signing the attached
memorandum.

 

Stall J udge vocate

Attachment:

Case File—Amn Qa}
FP2002 -OVE
DEPARTMENT OF THE AIF FORCE

47H FIGHTER WING {ACC)
SEVMOUA JOHNSON AIA FORGE BASE NG

 

3 Jan Q2

MEMORANDUM FOR AMN GQ ORIEN? FRASRMIRGMI 41s

FROM: 4 LSS/CC
SUBJECT: Notification Memorandum

1. lam 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 Parapraph 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: Between on or about 19 October 2001 and on or about 22 November
2001, you wrongfully used marijuana. For this misconduct, you were given an Article 15 that resulted in
your demotion to Airman. These actions are documented by AF Torm 3070, dated 14 Deecmber 2001
{Tab fa).

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. Hf 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 Captain 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 <5 " ADOR (date) at_— OBO f/f (SF

(time). You may consult civilian counsel at your own expense. .

». You have the right to submit statements in your own behalf. Any statements you want (he separation
authority to consider must reach me by ee 69 SAN OAallow 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 constilute a
waiver of your right to do so.

7. You have been scheduled for a mandatory medical exarmination at the Physical Examination Section,
4th Medical Group, Seymour Johnson AFB, at 1200 hours on 4 January 2002. You are scheduled for a
mandatory follow-up examination at Family Practice (Bluc Team) at 1300 hours on 4 January 2002 with

PASS

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8. You have been scheduled for a mandatory Transition Assistance Program (APs) briefing on

7 Jad 2002 at }%sp hours. You must report to MSgt yp +! building 3602 for your TAPs

counseling.

9 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 unit orderly room or the Area Defense Counsel office.

10. Execute the attached acknowledgement and retum it to me immediately.

    

a SEER, Major, USAF
Commander, 4 LSS

Attachments:
Supporting Documentation:
a. AF Form 3070, dated 14 December 7001