MEMBER SITTING

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

  

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

AFSN/SSAN

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

GRADE AB

 

  
 

 

HON GEN UOTHC OTHER DENY

   

 

 

 

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| issues 94.05 INDEX NUMBER
HEARING DATE CASE NUMBER
03 Dec 2003 FD-2001-0394

 

Case heard at Randolph AFB, Texas.

SIGNATURE CRAG ORDER)

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

 

A66.00

 

 

 

 

 

 

 

ORDER APPOINTING THE BOARD

APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

 

 

ee

 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE

 

 

AFHQ FORM 0-2077, JAN 00 ©

(EF-V2)

 

 

 

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

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used
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CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2001-0394

 

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

The applicant appeared before the Discharge Review Board (DRB) at Randolph AFB, Texas. The applicant

was represented by Se of the Texas Veterans Commission.

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

ISSUE: The applicant’s principal issue is that his discharge was inequitable “because it was based on one
isolated event.” The applicant contended that his use of marijuana between on or about 12 January 2001 and
on or about 14 January 2001 was an act of “drug experimentation.” However, the Board found compelling
evidence of record, which includes witness statements from several individuals and an OSI report, which led
the Board to believe the applicant’s use of marijuana was indeed not experimental. Additionally, when
asked during testimony which block did he mark (“yes or no”) on his military entrance questionnaire
regarding pre-service marijuana use, the applicant answered initially in the affirmative (“yes”), but quickly
changed his answer to “no”. Subsequently, 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.

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
FD2001-0394
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

2. (Former AB) (HGH A1C)
ain,

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 01/06/27 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 80/03/11. Enlmt Age: 19 2/12. Disch Age: 21 3/12. Educ:HS DIPL.
AFQT: N/A. A-63, E-55, G-52, M-58. PAFSC: 2A531G - Aerospace Maintenance
Specialist. DAS: 00/05/31.

b. Prior Sv: (1) AFRes 99/05/28 - 99/12/28 (7 months 1 day) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 99/12/29 for 6 yrs. Svd: 01 Yrs 06 Mo 07 Das, all AMS.

b. Grade Status: AB - 01/04/12 (Article 15, 01/04/12)
Alc - Unknown

c. Time Lost: none.

d. Art 15’s: (1) 01/04/12, Offutt AFB, NE - Article 112a. You did,
between on or about 12 Jan 01 and on or about 14 Jan
01, wrongfully use marijuana. Reduction to Amn,
forfeiture of $500.00 pay per month for two months, 30
days extra duty, and 30 days restriction, anda
reprimand. (No appeal) (No mitigation)

e. Additional: none.
£. CM: none.

g. Record of SV: none.

(Discharged from Offutt AFB)
h. Awards & Decs: AFTR

i. Stmt of Sv: TMS: (02) Yrs (01) Mos (00) Das
TAMS: (01) Yrs (06) Mos (00) Das

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 01/10/01.
(Change Discharge to Honorable)

Issue 1: My discharge was inequitable because it was based on one isolated
FD2001-0394
incident in 18 months of service with no other adverse action. I hope you will
consider granting me with an Honorable Discharge in the fact that I am only 21
years old and would like to continue on with my life with a strong background.
ATCH

none.

02/03/06/ia
i

 

i & Po2ce/-o377

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS, 55TH WING (ACC)
OFFUTT AIR FORCE BASE, NEBRASKA

MEMORANDUM FOR 55 WG/CC JUN 2.6 200)
FROM: 55 WG/JA

SUBJECT: Legal Review: Administrative Discharge Action--AB Qiao
QE 5 MXS (ACC)

1. INITIATION OF ACTION: On 19 June 2001, 55 MXS/CC notified ABQ he
was.recommending his discharge for Misconduct--Drug Abuse pursuant to AFPD 36-32 and AFI

36-3208, paragraph 5.54. The commander further recommended that AB Parsons receive a general
discharge without probation and rehabilitation (P&R).

2. RESPONDENT: The respondent is a twenty-one year old Aerospace Maintenance
Apprentice. He has completed one year and five months of his six year enlistment (TAFMSD:
29 December 1999) and was assigned to his unit on 31 May 2000.

3. REASON FOR DISCHARGE:

Between 12 January 2001 and 14 January 2001, the respondent wrongfully used marijuana. For
this incident he received Nonjudicial Punishment, dated 12 April 2001, consisting of reduction to
airman basic, forfeiture of $500.00 per month for two months, 30 days extra duty, 30 days
restriction to Offutt Air Force Base, Nebraska, and a reprimand. Additionally, an Unfavorable
Information File was established.

4. RESPONDENT’S SUBMISSION: By letter dated 20 June 2001, the respondent consulted
with counsel and waived his right to submit a statement.

5. ERRORS AND IRREGULARITIES: None.

6. DISCUSSION:

a. Basis for Discharge: Under AFI 36-3208, paragraph 5.54., airmen who abuse drugs one or
more times are subject to discharge for misconduct. The presence in the military environment of
persons who engage in drug abuse seriously impairs accomplishing the military mission. 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. In this case, the respondent’s wrongful use of marijuana
provides a sufficient basis for discharge.

Global Power For America
‘ & = P2c0;- 03%

b. Appropriateness of Discharge: The respondent’s misconduct does not support
continued military service. Drug abuse is clearly incompatible with military service. Under
AFT 36-3208, paragraph 5.55.2.1., a member found to have abused drugs must be discharged
unless the member shows that he meets all seven of the following criteria: drug abuse is a
departure from the member’s usual and customary behavior; drug abuse occurred as the result of
drug experimentation; drug abuse does not involve recurting incidents other than drug
experimentation; the member does not desire to engage in or intend to engage in drug abuse in
the future; the member’s continued presence in the Air Force is consistent with the interest-of the
Air Force in maintaining proper discipline, good order, leadership, and morale; and drug abuse
did not involve drug distribution. In this case, I do not believe the respondent meets the seven
retention criteria, Abusing drugs is something the Air Force preaches against from day one of
his enlistment. The message is clear--abuse drugs and your career is over. The respondent chose
to ignore this message. His continued presence is not consistent with maintaining good order
and discipline. Accordingly, discharge is appropriate.

c. Characterization of Service: Table 1.3 to AFI 36-3208 provides that discharges for
Misconduct--Drug Abuse or Pattern of Misconduct may be characterized as honorable, general,
or under other than honorable conditions. A general discharge is appropriate when significant
negative aspects of an airman's conduct outweigh positive aspects of the airman’s military
record. The respondent’s drug use outweighs any positive aspects of his military career. A
general discharge is appropriate in this case.

d. Probation & Rehabilitation: The respondent is not eligible for P&R under AFI 36-3208,

Chapter 7, paragraph 7.2.6. Under that paragraph, if the basis for discharge is drug abuse,
members are not eligible for this program.

e. Legal Sufficiency: This action is legally sufficient.

7. OPTIONS: As the special court-martial convening authority, you may:
a. Retain the respondent if you find the seven criteria in paragraph 5.55.2.1. are satisfied.
b. Approve discharge with a general discharge without P&R.

c. Return the file to the unit with a recommendation that the respondent be processed for
discharge with an under other than honorable conditions discharge.

d. Forward the file to the general court-martial convening authority with a recommendation
for an honorable discharge without P & R.
E @ FU 200/-0394

8. RECOMMENDATION: I recommend you discharge the respondent with a general
discharge without P&R. Additionally, due to the nature of the respondent’s discharge, I
recommend he be barred from Offutt Air Force Base for a period of one year from the date of his

discharge.

   

EE, Colonel, USAF
Staff Judge Advocate
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS, 55TH WING (ACC)
OFFUTT AIR FORCE BASE, NEBRASKA

19 JUN

 

We 55 MXS,(ACC)

 
 

FROM: 55 MXS/CC

SUBJECT: Letter of Notification

1. Tam recommending your discharge from the United States Air Force for Misconduct--Drug
Abuse. The authority for my recommendation is AFPD 36-32 and AFI 36-3208, 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 reason for this action is:

You did, within the limits of the continental United States, between on or about 12 January 2001
and 14 January 2001, wrongfully use marijuana. For this incident you received Nonjudicial
Punishment, dated 12 April 2001, consisting of reduction to airman basic, forfeiture of $500.00
per month for two months, 30 days extra duty, 30 days restriction to Offutt Air Force Base,
Nebraska, and a reprimand. Additionally, an Unfavorable Information File was established.
(Atch 1-1) :

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

oe 7% PP260/-03 7

 

higher authority will decide whether you will be discharged or retained in the Air Force. If you . Ee

are discharged, you will be ineligible for reenlistment in the Air Force and probably any other

branch of the military. In addition, any special pay, bonus, or education assistance funds may be =

subject to recoupment.

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 Captain wens. +: Defense
Counsel, Bldg 323C, RM 302, Phone 4-3939, at on | . .

5. You have the right to submit statements on your behalf. Any statements you want the
separation authority to consider must reach me by___* 2 JUN 2001 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. ae

7. You BS been scheduled for a medical examination, You must report to the 55th Medical . :

Group, ed Wa. AY _at 1500 | on _|% ZR

Global Power For America “
FD x0!— 0394

  
       
      

8. “You have been scheduled for a pre- separations briefing. You must report to the Family

Support C Center at | 1330 ~ on 2. 2Ju/ for the briefing.

9,” You have been scheduled for an initial separation appointment
. 55th Mission Support Squadron. Separations and Retirements Section, Room 235 Bldg 323C, at

1430 on_! © £—with your escort.
Juew

10, Any personal information you furnish i in rebuttal is eovered by the Privacy Act of 1974. A

copy of AFI 36-3208 is available for your use in the unit orderly room.

          
   
 

  

 

    
 

11. Execute the acknowledgment provided and re e imme diately.

  
  
  

mk Li Col, USAF
mViaintenance Squadron

Attachments:
Atch 1-1; Nonjudicial punishment, dated 12 Apr 01