\ * ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
‘(eee AMN =| SNe
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PERSONAL APPEARANCE X RECORD REVIEW

 

 

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

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HUN GEN THE QIHER DENY
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“TSS INDEX NUMBER Con nh) SE HIBITS SUBMITTED TO THE BUARL.
A405 A66.00 1 | ORDER APPOINTING TIIE BOARD
. | 2 | APPLICATION FOR REVIEW OF DISCHARGE
3) | LETTER OF NOTIFICATION
THRARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE,
se Te PaZ002-0259 COUNSELS RELEASETOTHEROARD  —C—CS™SCSY
ADDITIONAL EXHIBITS SUBMITIED AT TIME OF
PERSONAL APFEARADICE
TATE 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 AFECMR,

 

 

SIGNATURE OF RECOR

    

 

 

TO: KRUM:
SAF/MIHR SECRETARY OF THE AIR FORCE PERSONNEL CCMINCII.
550 C STRERT WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARI}
RANDOLPH AFB, TX 78150-4742 1534 COMMAND DR, EE WING. 7° 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

FD02-0249

 

GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the Reason and
Authority for discharge.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but decjined to
exercise this right.

The attached 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 evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: The applicant believes his discharge is inequitable because it was based on one isolated incident in
24 months of service with no other adverse actions. Also, the applicant believes his discharge was improper
because of the lack of education on using prescription drugs, The Board reviewed the entire record and
found no evidence of impropnety or inequity in this case on which to base an upgrade of discharge. The
records indicated the applicant received a General discharge for Misconduct — Drub Abuse and was found
guilty by a Summary Court Martial. The Board concluded the drug abuse was a significant departnre from
the conduct expected of all military members. ‘The Board found no evidence of impropriety or inequity in
this case on which to base an upgrade of discharge. The Board concluded the misconduct of the applicant
appropriately characterized his term of service.

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 duc 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
FD2002-0249
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

eee (Former AMN)} (HGH Alc)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/03/06 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuge}. Appeals for Honorable Discharge and ta
Change the Reason and Authority for Discharge.

2. BACKGROUND:

a. DOB: 77/03/05. Enlmt Age: 20 7/12. Disch Age: 23 0/12. Educ: HS DIPL.
AFOT: N/A. A-96, E+90, G-84, M-72. PAFSC: 23A432 - Aireraft Commmnications and
Navigation Systems Apprentice. DAS: 98/11/22. .

b, Prior Sv: (1) AFRes 97/10/24 - 98/03/03 (4 months 10 days) (Inactive).
3. GERVICE UNDER REVIEW:

a. Enlisted as AMN 98/03/04 for 4 yrs. Svd: 02 Yrs 00 Mo 03 Das, all AMS.

b. Grade Status: AMN - 99/11/10 (Summary Court Martial, 99/11/05)
Alc - 99/01/04

c. Time Lost: None.
on Art 15’s: None.

e. Additional: None.

£. CM: Summary Court Martial - 99 Nov 05
CHARGE: Article llZa. Plea: Guilty. Finding: Guilting.
Specification: Did, at or near Bellevue, Nebraska, between on of
about 1 May 1999 and on or about 30 Jun 99, wrongfully use
perocet, a Schedule II controlled substance. Sentence: adjugded

on & Nov 99: Seven days confinement, forfeiture of $250.00 pay,
reduction to E-2, and 21 days hard labor without confinement.

gq. Record of SV: 98/03/04 - 99/11/15 Offutt AFB 2 (Initial) REF
(Discharged from Offutt AFB)
h, Awards & Deca: AFTR, AFOUA.

i. Stmt of Sv: TMS: (02) Yrs (04) Mos (13) Das
TAMS: (02) Yrs (60) Moa (03) Das
FD2002-0249

4. BASIS ADVANCED FOR REVIEW: Appln {DD Fm 293) dtd 02/06/06.

(Change Diacharge to Honorable, and Change the Reason and Authority for
Discharge. }

Tasue 1: My discharge was inequitable becauge it was based on one isolated
incident in 24 months of service with no other adverse action including Article
15 and UIF.

Iesue 2: My discharge waa improper because of the need for more education
informing airmen of the repercussions involved misusing prescription drugs.
Many soldiers are warned on the use of marijuana or cocaine, but lack the
understanding of the serious nature of prescription druga and how they are
categorized. ,

ATCH
1. Memorandum For Discharge Review Board.

2. Three Character References.

3. Scholarship Award Letter.

4. Phi Theta Kappa Honor Society Certificate.
5. College Transcript.

6. Award Letter,

7. Eagle Scout Certificate.

6. Acceptance Letter.

9. Clearance.

10. Applicant's Issues.

02/09/18/ia
SEP 15 "Be 61:18PM OFFUTT AFR LEGAL orc os

Po2eR2- OZ YP

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 65TH WING {ACC}
OFFUTT AIR FORGE BASE, NEBRASKA

 

MEMORANDUM FOR 55 WG/CC ssillbgggeetetee, 01 MAR 2000

FROM: 55 WG/JA

SUBJECT: Legal Review: Administrative Discharge Action--Amnqieiva,
NE, (ACC)

1. INITIATION OF ACTION; On 17 February 2000, 55 MXS/CC notified Ama
ie that he was recommending his discharge for Misconduct-—Drug Abuse pursuant to AFPD
36-32 and AFT 36-3208, paragraph $.54. The commander further recommended Amn@iligg
receive a general discharge without probation and rehabilitation (P&R).

2. RESPONDENT: The respondent is a twenty-two year old Aircraft C-3 Navigation
Apprentice. He has completed one year and eleven months of his four year enlistment

(TAFMSD: 4 March 1998) and was assigned to his unit on 22 November 1998. This is his first
enlistment.

3. REASONS FOR DISCHARGE: Between on or about | May 1999 and 30 June 1999, at or

near Bellevue, NE, the respondent did wrongfully use percocet, a schedule II controlled
substance. For this incident the respondent was found guilty in a summary court-martial and

sentenced to 7 days confinement, forfeiture of $250.00 pay, reduction to the grade of Airman with
a new date of rank of 10 November 1999, and 21 days of hard labor without confinement.

4. RESPONDENT'S SUBMISSION: By letter dated 23 February 2000, the respondent
consulted with counsel, and submitted a statement on his own behalf. In his statement, he

requests that he be retained in the Air Force and sugpests that he meets all seven parts of the
retention criteria stated in AFI 36-3208, paragraph 5.55.21.

5. ERRORS AND IRREGULARITIES: None,

6. DIS SION:

a. Basis for Discharge: Under AFL 36-3208, paragraph 5.54., airmen who abuse drugs one
or more times are subject to discharge for misconduct. The presence in the military environment
of persons who engage in drug abuse seriously impairs accomplishing the military mission.
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 retain members, maintain public acceptability
SEP 13 ’He &il11PH OFFUTT APR OLEGAL OFC oN P.F421

of military service, and prevent breaches of security. In this case, the respondent's wrongful use
of percocet provides a sufficient basis for discharge.

b. Appropriateness of Discharge: The respondent’s misconduct does not support
continued military service. Drug abuse is clearly incompatible with military service. Under
AFI 36-3208, paragraph 5.55.2.1,, a member found to have abused dnigs must be discharged
unless the member shows that he meets all seven of the following criteria: drug abuse is a
departure from the member’s usual and customary behavior; drug abuse occurred as the result of
drug experimentation; drug abuse does not involve recurring incidents other than drug
experimentation; the member does not desire to engage in or intend to engage in drug abuse in the
fiture; the member's continued presence in the Air Force is consistent with the interest of the Air
Force in maintaining proper discipline, good order, leadership, and morale, and drug abuse did not
involve drug distribution. In this case, the respondent submitted a statement attempting to show
that he meets all of the seven retention criteria, in addition to numerous character letters.
However, his commander feels that despite Amn @M@§iM® professed pood intentions and support
from filends, family and co-workers, his retention in the Air Force is not in the best interest of
good order and discipline, and would be detrimental to morale, After evaluating Alman @@gtii:
written submission and the underlying misconduct, I concur that he has failed to show that his

retention is consistent with maintaining proper discipline, good order, and morale. Therefore,
discharge is appropriate.

c. Characterization of Service: Table 1.3 to AFI 36-3208 provides that discharges for
Misconduct--Dnig Abuse may be characterized as honorable, general, or under other than
honorable conditions. A general discharge is appropriate when significant negative aspects of an
airman’s conduct outweigh positive aspects of the airman’s military record. The respondent's
drug use clearly outweighs any positive aspects of his military career. A general discharge is
appropniate in this case.

d. Probation & Rehabilitation: The respondent is not eligible for P&R under AFT 36-3208,
Chapter 7.

c. Lepal Sufficiency: This action is legally sufficient.
7. OPTIONS: As the special court-martial convening authority, you may:
a. Retain the respondent if-you find the seven criteria in paragraph 5.55.2.1. are satisfied;

b. Approve discharge with a general discharge without P&R,;

c. Retum the file to the unit with a recommendation that the respondent be processed for
discharge with an under other than honorable conditions discharge; or
SEP 13 ’M2 @i:iipn OFFUTT AFR LEGAL Orc oo P.8/e1

Ppzeez-o2k 7

d. Forward the file to the general court-martial convening authonty with 4 recommendation
for an honorable discharge without P&R

8, RECOMMENDATION: I recommend the respondent be discharged with a general discharge
without P&R, and, due to the nature of his discharge, he be barred from Offutt Air Force Base for a
period of one year from the date of his discharge.

   

_ fee Major, USAF
Acting Staff Judge Advocate
SEP 33 'G@2 1:14FM OF FUT F AFB LEGAL OFC ‘ P.i7/e2l

Pp2c02- O24 9

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 55TH WING (ACC)

OFFUTT AIR FORCE BASE, NEBRASKA

 

FROM: 55 MXS/CC . f7 Fegan

SUBJECT: Letter of Notification

1, Tam recommending your discharge from the United States Air Force for Misconduct--Drug
Abuse. The authority for my recommendation is AFPD 36-32 and AFI 36-3208, paragraph 5.54,

If my recommendation is approved, your service will be characterized as honorable or general. I
am recommending a general discharge.

2. My reason for this action is: You did, at or near Bellevue, Nebraska, between on or about

1 May 1999 and on or about 30 June 1999, wrongfully use percocet, a Schedule I] controled
substance. For this incident you were found guilty in a summary cowrt-marilal and sentenced to
7 days confinement, forfeiture of £250.00 pay, reduction to the grade of Airman, and 2) days of
hard Jabor without confinement. (Atch 1-1)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached, The commander exercising special court-martial jurisdiction or a
higher authority will decide whether you will be discharged or retained in the Air Force. If you

are discharged, you will be ineligible for reenlistment in the Air Force and probably any other
branch of the military.

4. You have the right to consult counsel. Military legal counsel has been obtained to ossist you,

 
 

phone 4-3939, a OS30_oon_\7 Feb GO . You may consult civilian counsel at you
own expense.

5. You have the right to submit statements on your own behalf, Any statements you want the
separation authority to consider must roach me by _¢@ 5424 20 unless you request and
receive an extension for good cause shown, | will send them to the separation authority.

6. If you fail to consult counsel or to submit statements on your own behalf, your failure will
constitute a waiver of your right to do so.
SER Id ‘He &1+14Ph OFFUTT AFR tFGAL arc Ps 18/21

PO 2eOZ~OR oF

7, You have been scheduled for a medical examination. You must report to the 55th Medical
Group, Physical Exams, Room 115, Building 527 (Fairchild Hall), at 30% on

\$ FebcO for the examination. Please pick up your medical records 24 lus prior to
your appointment.

8. You have been scheduled for an initial separation appointment. You must report to the 55th
Mission Suppor Squadron, Separations and Retirements Section, Room 235, Bldg 323C, at

Fp On on _ly FepOo, with your escort.

9. You vee been scheduled for a pre-scparation briefing. You must report to the Family
Support Center at on __..__ for the briefing.

10. Any personal information you furnish in rebuttal is covered by the Pnvacy Act of 1974, A
copy of AFI 36-3208 is available for your use in the unit orderly room.

11. Execute the acknowledgment provided and return it to me immediately.

  
  

- | | B, Major, USAR
Commander, 55" Maintenance Squadron

  

Attachments:
Atch I-1; Record of Trial by Summary Court-Martial dated 29 November 1999