Ce —

, AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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

SRA

 

 

     
  
 

PERSONAL APPEARANCE X RECORD REVIEW

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF COUNSEL AND OR ORGANIZATION | ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTE OF THE BOARD J
MEMBERS SITTING HON GEN UOTHC OTHER DENY
xX
X
xX
. . a
x
—
a x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A94.01 A66.00 1 | ORDER APPOINTING THE BOARD |
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEL FILE
18 DEC 02 FD2002-0276 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

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,

 

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESID

 
    

 
  

INDORSEMENT DATE: 18 DECOQ2

 

 
   
 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3°° FLOOR
ANDREWS AFB, MD 20762-7002

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

    
   

 

 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0276

GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the RE Code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined 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 denied.

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 too severe a punishment. The
applicant indicates that after inhaling from a rolled cigarette he felt an odd sensation that is not consistent
with tobacco inhalation. He then felt obligated to notify his superiors of the incident on the following duty
day. The records indicated the applicant received a Memorandum For Record for his statement concerning
drug use and a Letter of Reprimand for wrongfully using drugs. The record further indicates that on 4 May
98, the applicant was selected for a random urinalysis. Four days later, on 8 May 98, the applicant told the
1" Sergeant that he smoked marijuana last weekend (2 -3 May 98). It was only after the urinalysis test
came back negative that the applicant denied using marijuana. The Board concluded the drug abuse was a
significant departure 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 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
FD2002-0276
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD ,

(Former SRA) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 98/07/31 UP AFI 36-3208,

para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Discharge and Change
of Reentry Code. Disch.

2. BACKGROUND:

a. DOB: 76/04/17. Enlmt Age: 18 11/12. Disch Age: 22 3/12. Educ: HS DIPL
AFQT: N/A. A-70, E-81, G-74, M-70. PAFSC: 2A353J - Tactical Aircraft
Maintenance Journeyman. DAS: 95/09/16.
b. Prior Sv: (1) AFRes 95/04/14 - 95/04/25 (12 Days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enld as AB 95/04/26 for 4 yrs. Svd: 3 Yrs 3 Mos 6 Das, all AMS.
b. Grade Status: SRA - 98/04/26

A1C - 96/08/26

AMN - 95/10/26
c. Time Lost: None.

d. Art 15's: None.

e. Additional: LOR, 2 JUL 98 - Wrongful use of drugs.
MFR, 11 MAY 98 - Statement concerning drug use.
f. CM: None.

g. Record of SV: 95/04/26 - 96/12/25 Davis Monthan AFB 5 (Initial)
96/12/26 - 97/12/25 Davis Monthan AFB 5 (Annual)

(Discharged from Davis Monthan AFB)
h. Awards & Decs: AFTR, NDSM, AFQUA W/V DEV, AFGCM.

i. Stmt of Sv: TMS: (3) Yrs (3) Mos (18) Das
TAMS: (3) Yrs (3) Mos (6) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/06/25.
(Change Discharge to Honorable and Reentry Code)

Issues: I contend that on 31 July 1998, I was involuntarily seperated (sic)
from the United States Air Force with a General Discharge under Honorable
Conditions for the following events:
FD2002-0276

from a rolled cigarrette. Which at the time I assumed was nothing more than
tobacco. Shortly thereafter I felt an odd sensation that is not consistent
with tobacco inhalation. I then felt obligated to notify my superiors of the
aforementioned incident on ‘the following duty day.

2) After my notification to my supervisors I was then issed a letter of
reprimand and an unfavorable information file. After said actions were taken,:
I then submited the attached letter of rebuttal. See ATTCH: 4

3) I therefore respectfully request that my discharge be upgraded to HONORABLE
and my re-entry code reflect accordingly.

I have attached other supporting documentation in concurrance with this
application.

 ATCH

1. DD Form 214.

2. Enlisted Performance Reports.

3. Response to Letter of Reprimand.
4. Two Letter of Appreciation.

3. Five Letters of Reference.

02/10/04/cr
PO 2002-0276

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 355TH WING (ACC)
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA

 

‘JUL 3 0 1998

MEMORANDUM FOR 355 WG/CC

FROM: 355 WG/JA

1. LEGAL SUFFICIENCY: I have reviewed the administrative discharge case file regarding
RRaEE hc: Respondent. The proposed discharge is supported by the
evidence. There are no errors that prejudice the rights of the Respondent. Therefore, the file is
legally sufficient, subject to a medical determination that the Respondent is qualified for
worldwide duty and separation.

2. BASIS FOR DISCHARGE AND REHABILITATIVE MEASURES “hinge
MMB 358 FS/CC recommends the Respondent be discharged from the Air Force under
AFI 36-3208, paragraph 5.54, drug abuse, without probation and rehabilitation. He recommends
the Respondent’s service be characterized as under honorable conditions (general). The basis for
the proposed discharge is the Respondent’s use of marijuana. In this case, the Respondent
voluntarily admitted to using marijuana. On 8 Jun 98, 4 days after participating in the random
urinalysis program, the Respondent voluntarily provided information about his marijuana use to
the first sergeant. His statement about his marijuana use was unsolicited and very unexpected. It
was only after his urinalysis test came back negative that the Respondent denied using marijuana.
Ultimately, the commander believed the Respondent did use marijuana on 2 Jun 98. As a result,
the Respondent received a Letter of Reprimand (LOR) and an Unfavorable Information File (ULF)
was established.

3. SERVICE HISTORY: The Respondent has been on active duty for approximately 3 years
and 2 months. He has received overall ratings of 5 and 5 on his performance reports. His awards
and decorations include the Air Force Outstanding Unit Award, Air Force Good Conduct Medal,
National Defense Service Medal, and the Air Force Training Ribbon.

4. RESPONDENT’S CASE: The Respondent consulted counsel and submitted a statement

in his behalf. In his statement, the Respondent denies using marijuana. He states that he has
never possessed, used, distributed, or been tempted to use a controlled substance. He goes on to
say when the urinalysis results came back negative, he realized the cigarette did not contain a
controlled substance. He adds that he’s completely against the use of illegal drugs and has always
avoided them. The Respondent states he went to the first sergeant because of his integrity and
adherence to core values. He goes on to say he joined the Air Force to serve his country and to
attend college. The Respondent requests retention or an honorable discharge. He goes on to list
several of his accomplishments while on active duty. The Respondent apologized for any

Global Power for America
~ Pp 2002-27 ¢

embarrassment he may have caused his supervisors and the squadron for this misunderstanding.
He believes this situation arose due to his adherence to core values. In conclusion, he states he
has learned from this experience and reiterates that going to his first sergeant was the right thing

to do.

5. CHARACTERIZATION OF SERVICE AND P & R: If you determine there are sufficient
grounds to discharge the Respondent, you must decide whether he should be retained or
discharged. The record of drug abuse warrants his discharge. Pursuant to AFI 36-3208,
paragraph 5.55.2, an airman found to have abused drugs must be discharged unless the airman
meets all seven of the retention criteria set forth in paragraph 5.55.2.1. The burden of proving
these criteria is on the airman (paragraph 5.55.2.2). The Respondent has not submitted any
matters to establish or prove the seven criteria. In fact, the Respondent now denies using
marijuana. However, the Respondent initially gave an unsolicited confession to the first sergeant
about his illegal drug use. Based on the sequence of events in this case, there is no reason to
doubt the Respondent’s confession. Even if the Respondent did request a waiver, it appears that
the Respondent does not meet all seven retention criteria. Specifically, Respondent’s continued
presence in the Air Force is not consistent with the interests of the Air Force in maintaining
proper discipline, good order, leadership, and morale. If you choose to separate the Respondent,
you must also decide the proper service characterization. A general characterization is
appropriate in this case because the negative aspects of the Respondent’s conduct outweigh the
positive aspects of his military record. Given the nature of the misconduct in this case and the
positive aspects of the Respondent’s military record, an under other than honorable conditions
(UOTHC) service characterization is not warranted. Probation and rehabilitation is not
authorized in this case in accordance with AFI 36-3208, Chapter 7.

6. OPTIONS: As the Separation Authority you may:

a. Discharge the Respondent with a general discharge as recommended by his commander;
or

b. Retain the Respondent on active duty; or

c. Recommend to HQ 12 AF/CC the Respondent receive an honorable discharge, with or
without P&R; or

d. Terminate the notification discharge process and direct that this case be processed under
board hearing procedures making the Respondent subject to a UOTHC service characterization.
FD 2002-O2]}e

7. RECOMMENDATION: I recommend you discharge the Respondent with a general service
characterization. If you elect any other option, please return the Respondent’s package to my

office att: QQ Lo: further processing.

 
   

‘a | ; USAF
Staff Judge Advocate
a PDAe82-027%

DEPARTMENT OF THE AIR FORCE

358TH FIGHTER SQUADRON (ACC}
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA

 

 
 

MEMORANDUM FOR gaa
FROM: 358 FS/CC

SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for misconduct,
specifically drug abuse. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph
5.54. If my recommendation is approved, your service may be characterized as honorable or
general. I am recommending that your service be characterized as general.

2. My reason for this action is that.on or about 2 May 98, you wrongfully used some amount of
marijuana, prior to being identified for Random Urinalysis testing scheduled on 4 May 98. Asa
result, you received a Letter of Reprimand (LOR) and an Unfavorable Information File (UIF) was
established.

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 and will probably be denied enlistment in any component of the
armed forces and any special pay, bonus, or education assistance finds may be subject to

Tecoupment.

4, You have the right to consult counsel. Military legal counsel, QR. building 3510,
3rd floor, west end, extension 5664, has been obtained to assist you. An appointment has been

scheduled for you to consult him on ZZ Soe. 73 at /Z2ZO __ hours. In addition to military
counsel, you have the right to employ civilian counsel at your own expense.

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 24 YueF8 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 medical examination. You must report to the Physical Exams
Office of the Aeromedical Facility, Bldg 412,Rm3at_O9%OO on 2.2 \ue9Ofor the
examination.

Global Power For +menica
8. 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 Area Defense Counsel’s office, bldg 3510.

9. Execute the attached acknowledgment and return it to me immediately.

   

Commander

Attachments:
1. Supporting Documents
a. AF Form 1058 UIP, dated 20 Jul 98
AF Form 1137 UIF Summary, dated 2 Jul 98
LOR, dated 2 Jul 98, (2 pages)
b. SrA Anderson’s Response to LOR w/atchs, dated 15 Jul 98 (34 pages)
2. Airman’s Receipt of Notification Memorandum