AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

AFSN/SSAN

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE
4

 

AB

 

 

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

X PERSONAL APPEARANCE

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COUNSEL NAME OF COUNSEL AND OR ORGANIZATION
YES NO
x
eee VOTE OF THE BOARD
MEMBERS SITTING [ONSEN “) UST OTHER "7 DENY
XxX
x
XxX
xX
XxX
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A95.00 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 ~

FD2000-0167

 

5 FEB 03 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL. EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCF.

 

 

TAPE RECORDING GF PERSONAL APPERANCE HEARING

 

 

 

 

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

 

REMARKS
Case heard at Travis AFB, California. Applicant was scheduled to appear before the DRB, but failed to respond.

Advise applicant of the decision of the Board and the right to submitt an application to the AFBCMR.

 

 

SIGNA TURE OF RECORDER

ne

  
 
   
 

 

 

 

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

 

SIGNATURE OF BOA

 

RD PRESIDENT —

  

DATE: 5 FEB 03

 

 

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

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 FD00-00167

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

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 the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of

discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received an
Article 15 for wrongfully using marijuana. The Board concluded this disciplinary infraction 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.

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
FD-00-00167
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

2EEe- (Former AB)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 95/12/08 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

 

2. BACKGROUND:

a. DOB: 74/08/13. Enimt Age: 18 10/12. Disch Age: 21 3/12. Educ:HS DIPL.
AFOT: N/A. A-61, E~-31, G-39, M-43. PAFSC: 25031 - Inventory Management
Apprentice. DAS: 94/02/04.

b. Prior Sv: AFRes 93/06/17 - 93/10/17 (4 months 1 day) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as Alc 93/10/18 for 4 yrs, Svd: 2 Yrs 1 Mo 21 Das, all AMS.

b. Grade Status: AB - 95/11/06 (ART 15, 95/11/06)

c. Time Lost: none.

d. Art 15’s: (1) 95/11/06, Travis AFB, CA - Article ll2a. You did,
within the state of California, on divers occasions
between o/a 29 Aug 95 and ofa 17 Sep 95, wrongfully use
marijuana. Rdn to AB, and 15 days extra duty.

(No appeal) (No mitigation)

e. Additional: none.

f. CM: none.

g. Record of SV: 93/10/18 95/06/17 Travis AFB 4 £({fInitial)
(Discharged from Travis AFB)

h. Awards & Decs: AFTR, NDSM, AFOUA.

1. Stmt of Sv: TMS: (2) Yrs (5) Mos (22) Das
TAMS: (2) Yrs (1) Mos (21) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 00/03/28.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.
FD00~00167

ATCH
Letter to the Discharge Review Board.
DD Form 214.

Discharge Package Letter.

AFI 36-3208 page 60.

Ten Character References.

Certificate of Completion.

min Bw hoe

00/04/26/ia
[i D20-Le/ED

PARTMENT OF THE AIR FORCE
HEADQUARTERS 60TH AIR MOBILITY WING (AMC)

 

Ki oC

MEMORANDUM FOR 60 AMW/CC
FROM: 80 AMW/JA

510 Mulheron Street .
Travis AFB CA 94535-2462
SUBJECT: Le

     

gal Review of Discharge Action Under AFI 36-3208,

1. Background: On 24 Nov 95,q0iiORIRGIEEOIeaammENaEES initiated this action
against Mice spondent) pursuant to AFI 36-3208, Section H, paragraph 5.54 for Drug Abuse
and recommended a general discharge characterization. The 60 LG/CC concurred. Probation and
rehabilitation is not authorized for drug abuse cases pursuant to AFI 36-3208, Chapter 7, para 7.2.8.

2. Respondent's Personal Data: This 21-year-old respondent with over 2 years of creditable service
has received an enlisted performance report with an overall rating of "4." A detailed summary of his
personal data is contained in paragraph 2 of the Commander's Recommendation for Discharge letter.

3. Respondent's Statement: The respondent was informed of his right to submit matters in response
to this action. After conferring with counsel on 24 Nov 95, he submitted an undated statement asking
you to consider the circumstances surrounding the initiating commander’s reason for discharge. The
respondent admits that “he made a major mistake and regrets it.” He thought he needed friends; instead,
he was caught up in the wrong crowd. He admitted to “doing something he did not want to do and is now
paying for it.” Finally, the respondent seeks retention or an honorable service characterization.

4. Basis For Discharge: Air Force regulations are quite specific: members will not use illegal drugs.
Drug abuse is the illegal, wrongful, or improper use, possession, sale, transfer, or introduction onto a
military installation of any drug. Specifically, on divers occasions, between on or about 29 Aug 95 and
17 Sep 95, in the State of Califomia, the respondent wrongfully used marijuana. For these violations of
Article 112a of the UCMJ, the respondent received an Article 15 dated 6 Nov 95 and as punishment was
reduced to the grade of airman basic and received 15 days of extra duty.

5. Appropriateness of Discharge: 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 of military service, and prevent breaches of security. A member found to have abused
drugs will be discharged unless the initiating commander recommends a waiver of discharge under
AFI 36-3208, paragraph 6.60. In considering a waiver, the initiating commander must ensure the
member meets all seven of the criteria for retention and consideration listed in paragraph 5.55.2.1, and
they are as follows: (a) drug abuse is a departure from the member's usual and customary behavior,
(b) drug abuse occurred as a result of drug experimentation; (c) drug abuse does not involve recurring
incidents, other than drug experimentation; (d) the member does not desire to engage in or intend to
engage in drug abuse in the future; (e) drug abuse under all the circumstances is not likely to recur,
(f) under the particular circumstances of the case, the member's continued presence in the Air Force is
consistent in maintaining proper discipline, good order, leadership, and morale; and, (g) drug abuse did

not involve drug distribution. In his response, the respondent asserts that the drug use was the result of
peer pressure and experimentation, that the use will not recur, and that he has a strong desire to remain
[- 20-6)

in the Air Force. However, the respondent bears the burden of proving that retention is warranted. In
this instance, he did not specifically raise each of the seven retention and consideration criteria as
required by AF! 36-3208, para. §.55.2.2. Most notably absent is an assertion that he was not involved
with drug distribution (ihere is no evidence of distribution) and that his continued presence in the Air
Force would be consistent with proper discipline, good order, leadership, and morale. His failure to
specifically raise these issues mandates his discharge. Even though the respondent had addressed
these issues, it is unlikely he could prove that his continued presence was in the best interest of the Air
Force. While peer pressure or experimentation might excuse his first use, by the second use he was
familiar with the effects of the drug and had ample opportunity to avoid a similar situation. Moreover,
prior to the second drug abuse incident at Lake Berryessa, the respondent was aware that one of the
members of the group would bring back "good dope” from Oregon. Finally, he was using drugs with
other military members, reducing the readiness of several individuals. Clearly the respondent did not
meet his required burden as to this criteria. He must be discharged.

6. Characterization of Service: Discharges under paragraph 5.54 should usually be characterized as
UOTHC. A UOTHC discharge is warranted when a member's improper acts represent a significant
departure from the conduct expected of airmen. A general, under honorable conditions, discharge
characterization is appropriate if an airman’s service has been honest and faithful but significant negative
aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman’s military
record. A discharge should be honorable only if the respondent's service has been so meritorious that
any other characterization would be clearly inappropriate. The respondent requests an honorable
discharge. | disagree. An honorable characterization is reserved for those airmen who served
honorably, and he does not meet this standard. There is no other derogatory data in the respondent's
case file. Considering the respondent’s misconduct, his age, experience, and brief time in the service, a

general discharge is appropriate. The respondent's drug use outweighs the positive aspects of his
military record.

7. Probation and Rehabilitation (P&R): P&R is not authorized for drug abuse cases pursuant to
AFI 36-3208, Chapter 7, paragraph 7.2.6.

8. Errors or Irrequilarities: None.

9. Options: As Special Court-Martial Convening Authority (SPCMCA), you personally approve or
disapprove recommendations for discharge processed by notification according to AFI 36-3208,
Chapter 6, Section B, resulting in a general discharge under Section H. As the SPCMCA, you may:

a. Direct this action be withdrawn and retain the respondent;

b. Discharge the respondent with a general discharge without P&R;

c. Forward the case to 15 AF/CC with a recommendation for an honorable discharge without P&R; or

d. Direct reinitiation for processing [AW AFI 36-3208, Chapter 6, Section C - Board Hearing or Board
Waiver, if you believe the issuance of a UOTHC is warranted.
fr Pe2t- CC16 7

10. Recommendation: Discharge the respondent with a general discharge without P&R. Further
recommend you bar the respondent from Travis AFB by signing Attachment 2.

      
   

Asst Chief, Military Justice Division
Attachments:

1. Proposed Letter

2. Barment Order

3. Case File (J

Concur,

    
 

ana | SAF
Deputy Staff Judge Advocate
fF Ddd- CVE 7

DEPARTMENT OF THE AIR FORCE
60TH SUPPLY SQUADRON (AMC)

 

| | BANW 1995
MEMORANDUM FORssiigiibagiiaaNennee:

FROM: 60 SUPS/CC
350 Hangar Avenue
Travis AFB CA 94535-2631

SUBJECT: Notification Memorandum

1. lam recommending your discharge from the United States Air Force for Misconduct: Drug Abuse.
The authority for this action is AFPD 36-32 and AF! 36-3208, paragraph 5.54. If my recommendation is

approved, your service will be characterized as honorable, general or under other than honorable
conditions. | am recommending that your service be characterized as general.

2. The basis on which | am initiating this action is that between on or about 29 Aug 95 and 17 Sep 95,
you wrongfully used marijuana. For this misconduct, you received an Article 15 dated 6 Nov 95 with
punishment of reduction to the grade of airman basic and 15 days extra duty.

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.
made an appointment for you to consult#
number 424-4569, Bldg 163, on
civilian counsel at your own expense.

legal counsel has been obtained to assist you. | have
i , Area Defense Counsel, telephone

  
  

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 (three work days from service of this letter)

Mol , no later than fb Pe hours unless you request and
receive an extension for good cause shown. 1 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 Pbysical examination. You must report to David Grant Medical at
0800 hours on__ F’¥ Ub VU q \ for a medical examination.
RR?

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 orderly room.
' Freea- TO/ >

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

   

Commander

Attachments:
1. Article 15, 6 Nov 95