, AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE AFSN/SSAN

  

 

PERSONAL APPEARANCE a RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

NAME OF COUNSEL AND OR ORGANIZATION

 

 

MEMBER SITTING po

 

 

 

am | xs | mm |

 

 

 

 

 

 

et AP

 

ISSUES A92,37 INDEX NUMBER A66.00
A01.39 = ORDER APPOINTING THE BOARD

| 2 | APPLICATION FOR REVIEW OF DISCHARGE

13 | LETTER OF NOTIFICATION

| 4 | BRIEF OF PERSONNEL FILE

|_| COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

[| TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE CASE NUMBER
14 Apr 2004 FD-2002-0306

 
 
  
   

   

ert

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 RE

  
 
  

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

1335 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7002

 

 
 

SAF/MRBR
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 FD-2002-0306

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change his reenlistment
code,

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) at Fort
Gillem, Georgia, in April 2004, but failed to respond to formal notification of the hearing date and did not
request a postponement.

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

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

ISSUES:

Issues 1, 2 and 3. The records indicated the applicant had two positive drug tests for marijuana over an 11-
day period while in an in-patient treatment program for alcohol dependence. Although member requested he
be allowed to continue his alcohol treatment after the positive drug tests, he refused to take anti-relapse
medications, and subsequently failed to return to the program after an authorized absence. Member also had
a Letter of Reprimand for an underage drinking incident that involved assault and possession of another
person’s driver’s license. Applicant now infers his illegal marijuana use was a lapse of judgment due to
depression after the death of a friend, and asserts it occurred while he was on leave. While it is
understandable that someone experiencing personal problems may have increased stress, there is no evidence
applicant used available base agencies such as the Chaplain, Family Support Center or chain of command to
help him cope with his stress. The Board found the alleged personal problems of insufficient mitigation to
suggest an upgrade. At the time of the discharge, applicant consulted counsel but waived his nght to submit
statements in his own behalf. Additionally, the Air Force’s drug policy was well publicized and members
were continually made aware that illegal drug use was not tolerated. Furthermore, member did not request
he be considered for retention at the time of the discharge, and had he, it would have been his burden of
proof to show he met the seven retention criteria. Applicant now contends his counsel didn’t properly advise
him of the seven retention criteria nor the possibility of retention. The Board could not find anything in the
records to substantiate these issues and finds them without merit. Marijuana use is viewed as a very serious
failure to meet Air Force standards; because drug abuse is not compatible with Air Force standards, the
characterization of service applicant received is warranted.

Applicant also contends that he should not be penalized indefinitely for mistakes he made when younger and
immature, and that he should be allowed to reenter military service. The DRB recognized the applicant was
20 years of age when the discharge took place. However, there is no evidence he was immature or did not
know right from wrong. The Board opined the applicant was as old as the vast majority of first-term
members who properly adhere to the Air Force’s standards of conduct. And while the Board commends
applicant on his desire to return to military service, this is not a basis in inequity or impropriety on which to

base an upgrade. Thus, the DRB concluded that the characterization of the applicant’s discharge was
appropriate due to the misconduct.

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
FD2002-0306
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

_ seni (Former A1C} (HGH Alc)
te

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 99/11/19 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse}. Appeals for Honorable Discharge and a
Change in RE Code.

2, BACKGROUND:

a. DOB: 79/07/23. Enlmt Age: 13 4/12. Disch Age: 20 3/12. Educ: HS DIPL.
AFPOT: N/A. A-31, E-61, G-64, M-68, PAFSC: 2A531H - Crew Chief Apprentice.
DAS: 99/06/20.

b. Prior Sv: {1) AFRes 98/10/30 - 99/01/05 (2 months 6 days) (Inactive).
3. SERVICE UNDER REVIEW: |

a. Enlisted as AB 99/01/06 for 6 yrs. Svd: 00 Yrs 10 Mo 14 Das, all AMS.

b. Grade Status: Alc - 99/02/20

c. Time Lost: None.

d. Art 15's: None.

e. Additional: LOR, 01 SEP 99 - Dereliction of duty (Underage Drinking).

f. CM: None.

g. Record of SV: None.

(Discharged from McGuire AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (01) ¥rs (00) Mos (20) Das
TAMS: (00) Yrs (10) Mos {14} Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/07/14.
(Change Discharge to Honorable and Change the RE Code)

ISSUES ATTACHED TO BRIEF.
FD2002-0306

ATCH
1. Applicant's Issues.

Two Letters of Appreciation.

2
3. Associate of the Quarter Certificate.
4. Two Character References.

02/11/0l/ia
; i a FD R2COZ-O3B26

DEPARTMENT OF THE AIR FORCE
605th Aircraft Generation Squadron (AMC)

 

3 Vee 74

MEMORANDUM FOR AIRMAN FIRST CLASS Saas
FROM: 605 AGS/CC
SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force for Drug Abuse. The
authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54. If my recommendation
for discharge is approved, your service may be characterized as Honorable or General. I am
recommending that your service be characterized as General.

2. My reasons for this action are:

a. On 09 Sep 99 while attending the Trisarc Addictions Program at Andrews Air Force Base,
Maryland for alcohol abuse treatment, you were given a drug urinalysis test. The test indicates
positive for use of marijuana. :

b. On 20 Sep 99 while attending the Trisarc Addictions Program at Andrews Air Force Base,
Maryland for alcoho] abuse treatment, you were given a drug urinalysis test. The test indicates
positive for use of marijuana.

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. |

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 with Capt ggeeithe Area Defense Counsel, at Bldg
2906, Lst floor, on fVYoy 77 at ‘Yoahrs. You may consult 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 ¥ Woy 74 (3 workdays from the date of this
memorandum) 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.
Lo

os a FD 2002-034

Vale have pon scheduled for a medical examination. You must report to

Alsan’ Moser het fhyscal Exams on Mv at_OF/0

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 in the squadron orderly room.

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

 

Attachments: ©
. Letter of Reprimand, dated 01 Sep 99
. Air Force Form 1058, dated 24 Sep 99

. Trisare Addictions Service Discharge Summary, dated 24 Sep 99
. Patient Lab Inquiry, results dated 09 Sep 99

. Patient Lab Inquiry, results dated 20 Sep 99

. Airman’s Acknowledgment of Notification Memorandum

Rob Wwe