AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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

 

a rs

 

TYPE

   

 

 

 

 

 

 

  

 

 

 

 

 

 

 

PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES
VOTE OF THE BOARD
MEMBERS SITTING HON | GEN Uornc | OTHER DENY
x
x
x
x
x
ISSUES INDEX NUMBER : ~ EXHIBITS SUBMITTED. TO.THE BOARD
A94.05 A66.00 J | ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

20 DEC 02 FD2002-0327 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 PRESIDER

 

 
  

 

   

INDORSEMENT

 
 

“DATE: 20 DECO2

 

 

TO: FROM:
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, EE WING, 3°” 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 FD02-0327

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and
Authority for discharge 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 there was no evidence of drug use during his enlistment and that he only possessed
paraphernalia. The records indicated the applicant received an Article 15 for wrongfully possessing
marijuana. While the applicant points out that he was only in possession of marijuana and there is no
evidence of use, the discharge instruction makes it clear that airmen who “abuse drugs” must be discharged.
Abuse of drugs is defined as “illegal, wrongful, or improper use, possession, sale, transfer, or introduction
onto a military installation of any drug.” The Board concluded the possessing of drugs 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
FD2002-0327
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD

ANDREWS AFB, MD

 
   

(Former AB) (HGH AiC)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 99/09/29 UP AFI 36-3208,
para 5.54 (Migconduct - Drug Abuse). Appeals for Honorable Discharge, to Change

the RE Code and Reason and Authority for Disch.
2. BACKGROUND:

a. DOB: 79/01/02. Enlmt Age: 19 1/12. Disch Age: 20 8/12. Educ: HS DIPL.
AFOT: N/A. A-82, E-80, G-90, M-72. PAFSC: 2A431 - Aircraft Guidance and
Control Apprentice. DAS: 98/11/15.
b. Prior Sv: (1) AFRes 98/02/18 - 98/03/03 (14 days) (Inactive).
3, SERVICE UNDER REVIEW:
a. Enlisted as AB 98/03/04 for 4 yrs. Svd: 01 Yrs 06 Mo 26 Das, all AMS.
b. Grade Status: AB - 99/08/30 (Article 15, 99/08/30)
Alc - 99/07/11
AMN - Unknown

c. Time Lost: None.

d. Art 15's: (1) 99/08/30, Grand Forks AFB, ND - Article 112a. You, on
divers occasions between on or about 01 Dec 98, and on
or about 29 Jan 99, wrongfully possess marijuana.
Reduction to AB. (No appeal) (No mitigation)

e. Additional: None.

f. CM: None.

g. Record of SV: None.

(Discharged from Grand Forks AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (01) Yrs (07) Mos (12) Das
TAMS: (01) Yrs (06) Mos (26) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/07/30.
(Change Discharge to Honorable, Change RE Code, and Change Reason and
Authority for Discharge)
FD2002-0327

Iasue 1: My discharge was inequitable because it was baged on one isolated
incident in 18 months of service with no other adverse action. There also was
no evidence of drug use during my enlistment, only the possession of
paraphenalia. I know it was wrong of me not to get rid of. said paraphenalia,
and I regret not doing so. I would like to re-enter the military, and can not
do s0 with my discharge as it is. I would like for my discharge to be upgraded
to honorable, my separation code to be changed, (as well as my re-entry code), to
something that would allow me to continue military service.

During my first term of service, I portrayed the defining characteristics of an
exemplary Airman. If given the opportunity and, as it were, a DD Form 214
upgrade, I know I would continue this performance excellence.

Thank you for your time in this matter.

ATCH

Six Certificates of Training.
Performance Excellence Award.
Certificate of Completion.

Two Letters of Recommendation.
Two Letters of Appreciation.
Five Character Reference.

AO BW he

02/11/13/ia
= + PD 2002- 0327

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 319TH AIR REFUELING WING (AMC)
GRANP FORKS AIR FORCE BASE, NORTH DAKOTA

 

21 Sept 99

MEMORANDUM FOR 319 ARW/CC

FROM: 319 ARW/JA

SUBJECT: AFI 36-3208 Discharge Legal Review — gaggia tin.

1. We reviewed and found legally sufficient the attached AFI 36-3208 discharge package,
contingent upon the inclusion of a medical report clearing the respondent for separation. The
respondent is eligible for separation per AFI 36-3208, paragraph 5.54 (drug abuse), and should
be separated with a general discharge.

2. 319 AGS/CC initiated this action on 20 Sept 1999 because the respondent willfully
committed the following offense:

a. On divers occasions between or about 1 Dec 98 and on or about 29 Jan 99 he
wrongfully possessed marijuana. .

3. The respondent is subject to discharge per AFI 36-3208, paragraph 5.54 (drug abuse). 319
AGS/CC recommends a general discharge without probation and rehabilitation.

4, The respondent is 20 years old and began his first and only four-year enlistment on 4 Mar 98.
He has not received any EPRs. The respondent consulted with counsel and submitted a
statement on his own behalf. He asks that you consider the statements he submitted in response
to his Article 15 action plus one additional letter from his flight commander. These letters are
included as attachments to this legal review for your consideration. In his response to his Article
15, he apologizes for his offense. He states that he accepts responsibility for his actions and the
consequences. He requests that you not discharge him from the Air Force so he can continue to
offer his skills and technical expertise to the Air Force. His area defense counsel also provided a
response to the Article 15. He urged the unit commander to seek a waiver from the automatic
discharge provisions for drug abuse and emphasized the lack of evidence of drug use.

5. Since this is a notification case, the respondent may receive only an honorable or general
discharge, unless you choose to refer this case to a discharge board. The respondent’s possession
of marijuana is a significant negative aspect of his service record that outweighs any period of
satisfactory duty performance. abs proven that he cannot live up to the standards
expected of a member of the Air Force and that he should be discharged. While the defense
counsel accurately points out that he was only in possession of marijuana and there is no
evidence of use, the discharge instruction makes it clear that airmen who “abuse drugs” must be

Attorney client privilege material and/or attorney work product.
This document was prepared in direct or indirect anticipation of litigation. Not for release or transfer outside of the Air Force without specific
approval of the originator or higher authority. Not subject to discovery or release under P,L, 95-502 (5 USC 552).
-\ PR2e22-0327

discharged. Abuse of drugs is defined as “illegal, wrongful, or improper use, possession, sale,
transfer, or introduction onto a military installation of any drug.” Therefore, the mere possession
triggers an automatic discharge action. The only time a member who abuses drugs may be
retained on active duty is if the member receives a waiver by meeting seven criteria outlined in
para. 5.55.2.1: 1) drug abuse is a departure from usual behavior; 2) drug abuse occurred as a
result of experimentation; 3) drug abuse does not involve recurring incidents; 4) member does
not desire or intend to engage in drug abuse again; 5) drug abuse occurred under circumstances
unlikely to occur again; 6) the member’s continued presence in the Air Force is consistent with
good order, discipline and morale; 7) drug abuse did not involve distribution. The General
Court-Martial Convening Authority is the approval authority for such waivers. In this case, the

“unit commander did not support a waiver request and we do not recommend one-adiiiiaies-
possession of marijuana is a serious offense and warrants a general discharge. No subsfantive or
procedural errors materially prejudice the respondent’s rights in this case.

6. If you determine that the allegations against the respondent support discharge and that he
should be discharged, you must decide whether or not his discharge should be suspended for a
period of probation and rehabilitation (P&R), In this case, however, P&R is not available for a
member discharged for drug abuse, per para. 7.2.6.

7. As SPCM separation authority, you may:

a, Recommend retaining the respondent by requesting a waiver from the GCM;

b. Approve the respondent's separation with a general discharge without probation and
rehabilitation;

c. Forward the case to 15 AF/CC recommending separation with an honorable discharge
without probation and rehabilitation; or

d. Direct reinitiation of the action if you determine that an under other than honorable
‘conditions discharge is the only appropriate service characterization in this case.

We recommend you approve the respondent's separation with a general discharge without P&R.

 

Attorney client privilege material and/or attorney work product.

This document was prepared in direct or indirect anticipation of litigation. Not for release or transfer outside of the Air Fotce without specific
approval of the originator or higher authority. Not subject to discovery or release under P.L. 95-502 (5 USC 552).
I concur.

 

es:

Staff Judge Advocate

17 Atchs

QR vesponse to the discharge package (1 pg)
Ltr from flight commander (1 pg)

MPU cesponse to his Article 15 (2 pgs)
ADC ltr C pg

  
  

Cert of appreciation from § an
Ltr of commendation froni#
Performance Excellence (1 pg)

81" Training Wing cert (1 pg) 3
Statement of financial status (2 pgs)

Attorney client privilege material and/or attorney work product.
This document was prepared in direct or indirect anticipation of litigation. Not for release or transfer outside of the Air Force without specific
approval of the originator or higher authority. Not subject to discovery or release under P.L. 95-502 (5 USC 552).
“DEPARTMENT OF THE AIR FORGE
HEADQUARTERS 319TH AIR REFUELING WING (AMC)
GRAND FORKS AIR FORCE BASE, NORTH DAKOTA

 

MEMORANDUM FOR #8

 

FROM: 319 AGS/CC
_ SUBJECT: Notification Letter

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

2. My reasons for this action are: You did, at Grand Forks AFB, ND, on divers .
occasions, between on or about 1 Dec 98 and on or about 29 Jan 99 wrongfully possess
marijuana. For this misconduct, you were punished under Article 15 on 30 Aug 99.
Punishment consisted of reduction to Airman Basic with a new date of rank of 30 Aug

~99, (Attachment A)

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
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.

4, You have the right to consult counsel. Military legal counsel has been obtained to
assist you. You have been scheduled an appointment at the Office of the Area Defense

Counsel at Building 216 on a@Sve99__at_1G@3$_ hours, 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 ad4re 14 _ at _se4¥S" hours
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.
a PR 2082 0327

7. You have been scheduled for a medical examination. You must report to the 319th
Medical Group on _aas