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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
pepe. SSGT | @RURBeens:
TYPE ~~
GEN PERSONAL APPEARANCE X RECORD REVIEW
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ISSUES INDEX NUMBER Fe TREES SUBMITTED. TO: BG
ORDER APPOINTING THE BOARD

       
   
  
   
   
   
  

 

 

 

 

 

 

A01,.13, A01.43, A01.53, A66.00 1

A01.57 7 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

02-12-18 FD2002-0236

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 
 
 

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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.

E OF BOARD PRESIDENT

 

  
  

 

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.

  
 

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

   
  

 

    

AFHQ FORM 0-2077, JAN 00 (EF-V2)
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | p9999-0736

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 applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for misconduct, namely drug abuse. Member had a urinalysis that came
back positive for the presence of cocaine and phencycladine (PCP) above the DoD cut-off level, as
referenced in documents submitted to the board by the applicant. Applicant infers his discharge was
improper because the urinalysis was in error and he was not offered a re-test. He also now infers he was not
involved in such conduct. He provides no documentary evidence however to support his contentions, and
in the absence of evidence that proper, standard test procedures were deviated from, and because the
discharge documents are unavailable for review, the Board applied the presumption of regularity
conceming the integrity of the test process and it’s results, and the propriety of the discharge itself.
Furthermore, applicant was a noncommissioned officer at the time of the alleged misconduct. Applicant
also cites the case of Wood v. Secretary of Defense as a basis for receipt of an honorable discharge; the
“Wood” doctrine does not apply in this case due to the apparent presence of illegal drugs in member’s
system when subjected to a military urinalysis during a period of military duty. Additionally, the record
shows, again based on documents submitted by applicant, at the time of the discharge member consulted
counsel and waived his right to have his case heard by an administrative discharge board, thus not
attempting to establish his innocence when he had the opportunity. 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. The Board noted that drug abuse is not compatible with Air Force standards; the
seriousness of member’s misconduct and record of other misconduct warrant the characterization of service
he received. The Board could find no wrongful action by the Air Force and concludes the discharge was
proper.

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
FD2002-0236

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

wal (Former SSGT) (HGH SSGT)
; : MISSING DOCUMENTS

1. MATTER UNDER REVIEW: Appl rec'd a UOTH Disch fr USAFR 96/10/03 UP AFI 36-
3209 (Misconduct - Commission of a Serious Offense - Drug Abuse). Appeals for
Honorable Disch.

2. BACKGROUND:

a. DOB: 65/11/12. Enlmt Age: 18 4/12. Disch Age: 30 10/12. Educ: HS DIPL.
AFOT: N/A. A-Unknown, E-Unknown, G-Unknown, M-Unknown. PAFSC: 64551 -
Material Storage and Distribution Specialist. DAS: Unknown.

b. Prior Sv: (1) AFRes 84/03/30 - 84/11/15 (7 months 16 days) (Inactive) .

(2) Enlisted as AB 84/11/16 for 4 yrs. Svd: 4 yrs 0 months 0
days, all AMS.

(3) Enlisted AFRes 88/11/16 for 2 yrs. Reenlisted AFRes
90/02/04 for 6 yrs. Svd: 6 yrs 6 months 17 days, of which AMS is 6 months 16
days. AMN-(APR Indicates): 84/11/16-85/11/15. A1C-(APR Indicates): 85/11/16-
86/06/26. SRA - 87/11/16. SGT ~ 88/11/01. SSGT - 89/07/01. APRs: 9,9,9.

3. SERVICE UNDER REVIEW:

a. Reenlisted AFRes as SSGT 95/06/03 for 2 yrs. Svd: 01 Yr 04 Mos O Das,
of which AMS is 0 Yrs 0 Mos 0O Das.

b. Grade Status: None.

c. Time Lost: None.

d. Art 15’s: None.

e. Additional: NONE.

£. CM: None.

g. Record of SV: 92/10/01 - 94/10/26 Andrews AFB 4 (CRO)
(Discharged from RObiNS) AFB)

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

i. Stmt of Sv: TMS: (12) Yrs (06) Mos (04) Dag
TAMS: (04) Yrs (06) Mos (16) Das
FD2002-0236

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/04/27.
(Change Discharge to Honorable)

Issue 1: Discharge characterization is improper. It should be honorable in
accordance with AFI 36-3209, para A2.2 et seq; AFR 20-10, para 19e; DODD 1332.28
para 4 and Wood v. Secretary of Defense.

Issue 2: The results of my urin test was an error and I was not afforded
the opportunity of a re-test.

Issue 3: I am cordially requesting your assistance in the present matter
pertaining to my current discharge from the Air Force Reserves. Unfortunately,
T received an other than Honorable Conditions Discharge from the 459** LSs,
Andrew (sic) Air Force Base, in Maryland.

I was a victim of an erroneous urinalysis test. The results were erroneous, and
I was denied the opportunity for a retest.

I have always held my standards high, and I have never involved myself in such
conduct. This is apparent in the way I conducted myself during my Active Duty
time in the Air Force, and after my erroneous discharge, I have never been in
any trouble as a civilian.

I have been subjected to other drug test subsequent to the erroneous one, and I
have always passed these tests. Evidence is enclosed with this request.

I am a citizen and I have served my country honorably. I respectfully request
your assistance in reviewing my records, and upgrading my discharge to
Honorable.

ATCH

Applicant's Letter to the Air Force Discharge Review Board (AFDRB) .
HQ AFRes/JAS Letter, 0S Jun 96.

Drug Test Information, 02 Feb 01.

Two Letters of Appreciation.

Four Character References.

Air Force Commendation Medal.

Letter of Recognition.

Certificate of Appointment to Sergeant.
. Certificate of Recognition.

10. Letter of Appreciation.

11. Squadron Below The Zone Promotion.

12. Letter of Appreciation.

13. Employee Performance Appraisal.

14. Air Force Performance Reports.

15. Employee Information.

*

Wonawn® Whee

02/10/30/ia
PDp2602- 0236

 

DEPARTMENT OF THE AIR FORCE
HBADQUARTERS AIR FORCE RESERVE
135 2ND STREBT

ROBINS AIR FORCE BASE, GEORGIA 31098-1635

me
an ORDER ‘19 Soptomber [96~,
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The Alr Force relleves ; ‘ (AFSC: 28051;
functlonal account code: 418100; position control number: rom assignment 459
LSS, Andrews AFB MD and discharges him from the United States Alr Force Reserve effective
03 October 1996, Service Is characterized as Under Other Than Honorable Conditions. Mailing
fi ', Authority APT 36.2209, Misconduct,
rug Abuse. Reenlistment eligibility status; INELIGIBLE.

 

FOR THE COMMANDER

USAF

Milltary Personnel Division

Direc fP I
040208 torate of Personne!

DISTRIBUTION;
5-Indiv
1-ARPC/DSMM
1-AFRES/DPMB
1-AFRES/JAC
2-Unit Concemed
2-MPF Concemed

RO A-238

B3
INDEX*DISCHARGE 09/19/1996 PG 1

960622