. AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
- | NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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TYPE GEN |X PERSONAL APPEARANCE RECORD REVIEW
Be ay ore NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
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MEMBER SITTING HON GEN | voTHC | OTHER | DENY
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ISSUES A94.53 INDEX NUMBER A66.00
| 1 | ORDER APPOINTING THE BOARD
3 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASETOTHEBOARD
ADDITION IBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE
HEARING DATE CASE NUMBER
22 Oct 2004 FD-2002-0404

 

 

Meise

Case heard at Washington, D.C.

The applicant was scheduled for a personal appearance before the Discharge Review Board via video teleconference with
Travis AFB, CA and Andrews AFB, MD, but failed to appear without requesting a postponement.

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR

 

on
SIGNATURE OF RECGRDER |

SAF/MRBR. SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 183$ COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 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 | pp -3002-0404

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was scheduled for a personal appearance before the Discharge Review Board via video
teleconference between Travis AFB, CA and Andrews AFB, MD, on October 22, 2004, but after
acknowledging intent to appear failed to do so without requesting a postponement.

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.

ISSUE: Applicant was discharged for drug abuse after a civilian arrest for public intoxication and
possession of marijuana. At the time of the discharge, member admitted he had possessed the marijuana, but
had only been holding it for his cousin. Member denied any pre-service or in-service illegal use of drugs,
and requested he be retained. Member and his defense counsel argued that member met al] seven retention
criteria in that he had not distributed, used, or brought illegal substances on base. They also noted that
possession of the marijuana was a departure from member’s usual behavior, resulting from a lapse in
judgment. After considering member’s submission, the commander nevertheless determined discharge was
appropriate. The Board concluded applicant’s misconduct was a significant departure from conduct
expected of all military members and the characterization of the discharge received was appropriate.

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
FD2002-0404
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

{Former A1C) (HGH Alc)
MISSING MEDICAL RECORDS

 

 

1. MATTER UNDER REVIEW: Appl rec‘d a GEN Disch fr USAF 15 NOV 00 UP AFI 36-
3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 14 Oct 75. Enlmt Age: 22 4/12. Disch Age: 25 1/12. Educ: HS DIPhL.
AFOT: N/A. A-74, E-72, G-72, M-77. PAFSC: 2A332 - Avionics Systems
Apprentice. DAS: 28 Dec 98.

b. Prior Sv: (1) AFRes 4 Mar 98 - 21 Apr 98 (1 month 18 days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 22 Apr 98 for 6 yrs. Svd: 2 Yrs 6 Mo 25 Das, all AMS.

b. Grade Status: A1C - 6 Jun 98

c. Time Lost: None.

d. Art 15’s: None.

€. Additional: LOR, 25 SEP 00 - Civil arrest for possession of marijuana.

£. CM: None.

g. Record of SV: 22 Apr 98 - 21 Dec 99 Nellis AFB 3 {Initial}

(Discharged from Nellis AFB}

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (8) Mos (12) Das
TAMS: (2) Yrs (6) Mos (25) Dag

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 5 Sep 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.
FD2002-0404

ATCH
None.

20DECO2/ia
é€ | @ Fe2002-072F

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS AIR WARFARE CENTER (ACC)
NELLIS AIR FORCE BASE, NEVADA

 

(0 2 NOV 2999
MEMORANDUM FOR 99 ABW/CC

FROM: AWFC/JA

SUBJECT: Legal Review of Administrative Discharge Proceedings Under AFI 36-3208,
Paragraph 5,54 9g eee

 
 
   

1. Background: On 30 Oct 00, the Squadron Commander, 57" Aircraft Generation Squadron,
i AIS be discharged for drug abuse under
ieral service characterization. LAW AFI
36-3208, Chapter 7, paragraph 7.2.6, probation and rehabilitation (P&R) is not available for
airmen discharged for drug abuse. The case is being processed by notification procedure. As the

separation authority, you have the following alternatives:

a. Direct that the respondent be retained if you believe the member has met the criteria under
AFI 36-3208, paragraph 5.55.2;

b. Recommend to the General Court-Martial Convening Authority the respondent receives an
honorable service characterization;

c. Direct the respondent be discharged with a general service characterization; or,

d. Direct reinitiation of this case [AW AFI 36-3208, Chapter 6, Section C, Board Hearing or
Waiver, if you believe an under other than honorable conditions (UOTHC) service characterization
is warranted.

2. Facts:

 

   

ey,

a. For the Government: (0 GGMEEon or about 16 Jun 00, possess marijuana,
a controlled substance. Specifically, he was arrested on or about 16 Jun 00 by a Santa Barbara
County Sheriff for public intoxication and possession of marijuana. For his actions, he received a
letter of reprimand and an unfavorable information file (UIF) was established.

b. For the Respondent: The respondent is a 25 year-old airman first class with over 2 years
and 6 months of active military service. The respondent has received one enlisted performance
report (EPR) with an overall rating of 3. He is entitled to wear the AF Training Ribbon. His test
scores are: Admin-74, Elect-72, Gen-72, Mech-77. The respondent consulted with military legal
counsel and submitted a statement for your consideration. ‘The respondent states that he was
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“holding the marijuana for his cousin and had no intentions of using it. He also requested to stay in

the Air Force. ©

c. The above information may be considered to determine whether the respondent is subject
to discharge, whether he should be discharged, and if discharged, the characterization of his
service.

3. Errors and Irregularities: There are no errors or irregularities prejudicial to the substantive
rights of the respondent. This legal review is contingent upon the respondent receiving a physical
exam and being found qualified for worldwide duty.

4. Authority: AFI 36-3208 regulates the administrative discharge of airmen and provides the
following guidance relevant to this file:

a. A member is subject to discharge for drug abuse to include illegal, wrongful or improper
use, possession, sale, transfer, or introduction onto a military installation of any controlled
substance. This includes any intoxicating substance that is inhaled, injected, consumed, or
introduced into the body in any manner for purposes of altering mood or function. In this case, the
respondent had possession of marijuana. A member found to have possession of drugs will be
discharged unless the member meets all seven criteria in AFI 36-3208, paragraph 5.55.2.1. LAW
AFI 36-3208, when a commander has information indicating a member is subject to discharge for
drug abuse, he/she must evaluate the specific circumstances of the offense, the member’s records,
and the member’s potential for future service before taking action to either initiate discharge action
or request a waiver of discharge.

b. A member subject to discharge may have his or her service characterized as honorable,
under honorable conditions (general), or under other than honorable conditions (JVOTHC). LAW
AFI 36-3208, the service of a member discharged for drug abuse may be characterized as

honorable only if the member voluntarily self-identifies for treatment of drug abuse. A general
characterization is warranted when the negative aspects of an airman’s conduct or performance
outweigh other aspects of the airman’s military record. An UOTHC may be appropriate when

separation is based on a pattern of behavior that constitutes a significant departure from the
conduct expected of an airman. An airman’s service may only be characterized as UOTHC if the
respondent is given an opportunity for a hearing by an administrative discharge board, a process
that takes approximately two months to complete. +

c. The Air Force program of P&R for airmen subject to administrative discharge gives them
the opportunity to stay in the Air Force and get help so they may be able to serve until expiration
of term of service (ETS). However, IAW AFI 36-3208, chapter 7, paragraph 7.2.6, P&R is not

available for airmen discharged for drug abuse.

5. Analysis:

a. Drug use is incompatible with military service and airmen who abuse drugs one or more
times are subject to discharge.
* | PP ZeeZz-ofo4¢

/ b. The respondent’s commander has evaluated the specific circumstances of the offense, the

respondent’s record, and the respondent’s potential for future service, and has concluded
eel. be discharged. Additionally, the respondent has clearly and specifically

f raised the limited circumstances of retention found in AFI 36-3208, paragraph 5.55.2. Specific
findings regarding the existence of each of the limited circumstances warranting a member’s
retention are not required; however, our review reflects the respondent does not meet all seven
criteria outlined in AFI 36-3208, paragraph 5.55.2. Therefore, under the circumstances, his
continued presence in the Air Force would be inconsistent with the interest of the Air Force
maintaining good order, discipline, leadership, and morale.

c. The respondent’s actions and his failure to adhere to military standards substantially
outweigh any positive aspects of his military career. Therefore, his actions merit a general
discharge. Additionally, [AW AFI 36-3208, Chapter 7, paragraph 7.2.6, P&R is not available for
airmen discharged for drug abuse. :

6. Recommendation: That you approve the respondent’s discharge from the United States Air
Force with a general service characterization.

   

. a Kc apuin, USAF
“Assistant Staff Judge A Advocate
rs @ fr2.ez OY DY

DEPARTMENT OF THE AIR FORCE

57th AIRCRAFT GENERATION SQUADRON (ACC)

NELLIS AIR FORCE BASE, NEVADA
20 Oc7 00

-_ ie s7 AGS

FROM: CC

SUBJECT: Notification Memorandum - Administrative Discharge Under AFI 36-3208

1. lam 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 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: You did, on or about 16 Jun 00, possess marijuana,

a controlied substance. Specifically, you were arrested on or about 16 Jun 00 by a Santa Barbara
County Sheriff for public intoxication and possession of marijuana. For your actions, you received
a letter of reprimand 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 special court-martial 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 legal counsel. Military legal counsel has been obtained to assist
you. I have made an appointment for you to consult the Area Defense Counsel at Bldg 625 (Old
Hospital) on at hours. You may consult civilian counsel at your own

expense.

5. You have the right to submit statements in your own behalf. You have three (3) duty days
(72 hours from the date/time served) to submit statements in your behalf. Any statements
you want the separation authority to consider must reach me by_25 087 ov at /gg2 hours
unless you request and receive an extension for good cause shown. I will send them to the
separation authority.

6. In the event the commander exercising special court-martial jurisdiction or higher authority
approves your discharge, separations will out-process you. Your initial separations briefing is

scheduled for 29 Q¢7 at_/YDO

 

7. 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.
» OF fe2ee2- 64eF

  
 

8. You have been scheduled for a medical examination at the 99th Medical Group on‘
at 0815 hrs.

9. 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 your Unit Orderly Room.

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

 

On eats tote

Attachments: j
i. LOR, 25 Sep 00'w/ atchs

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