NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

 

 

 

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

GRADE

AFSN/SSAN

 

 

 

 

 

 

 

 

TYPE
PERSONAL APPEARANCE X RECORD REVIEW
oS OUNSER NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANEZATION OF COUNSEL
YES | NO
‘I
MEMBERS SITTING fon Pan OTHER | DENY
a x
Pi X
es xX
Pe X
———_———I
ll x

 

 

 

 

 

EXHIBITS SUBMITTED TO ‘THE BOARD
ORDER APPOINTING THE BOARD

| APPLICATION FOR REVIEW OF DISCHARGE

LETTER OF NOTIFICATION

 

bol

 

   
   

ISSUES INDEX NUMBER
A93.18 A67.70
HEARING DATE CASE NUMBER

20 JUN 03 FD2001-0485

APPLICANT'S ISSUE AND THE BOARDS DECISIO:
7 EEE CEs San

REMARKS ~

Case heard at Washington, D.C.

   

 

submit an application to the AFBCMR.

 

SIGNATURE OF RECORDER

   

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

  

   
  

  

AFHQ FORM 0-2077, JAN 00

 
 

fie ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE:

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

rr OF BOARD PRESIDENT

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

mw

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

    
 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AJR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3°” FLOOR
ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-0485

GENERAL: The applicant appeals for an Honorable Discharge.

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 to Honorable is denied. However, an Upgrade to General is approved.

ISSUE: Applicant contends that his discharge was too harsh and states that he has never developed a
pattern of drug use let alone abuse drugs. The records indicate the applicant was discharged with a Under
Other Than Honorable Conditions (VOTHC) discharge for Misconduct - Commission of a Serious Offense,
specifically, drug abuse. After a thorough and complete consideration of the information submitted by the
applicant and information contained in the record, the Board concluded there was sufficient mitigation and
extenuation to substantiate upgrade of the 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.

However, in view of the foregoing finding, the Board further concludes that the overall quality of the
applicant’s service is more accurately reflected by a General discharge. The Board concluded that the
Reason and Authority of the applicant’s discharge were appropriate due to drug abuse.

Attachment:
Examiner's Brief
FD2001-0485
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SSGT)

 

1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr USAF 01/10/31.-UP AFI 36-.
3209, Chapter 3, para 3.21.3.2 (Misconduct - Commission of a Serious Offense -
Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 61/06/28. Enlmt Age: 21 2/12. Disch Age: 40 4/12. Educ:HS DIPL.
AFOT: N/A. A-37, E-41, G-32, M-51. PAFSC: 3E05]1 - Electrical Systems
Maintenance Journeyman. DAS: 00/08/21.

b. Prior Sv: (Examiner's Note: Due to some missing enlistment documents,
TAMS numbers are approximated).

(1) USARes 82/09/21 - 82/10/26 (1 month 5 days) (Inactive).

(2) Enlisted USA for 3 yrs. Svd: 3 yrs 0 months 0 days, all
AMS .

(3) Enlisted ARNG 86/11/21 for 3 yrs. Extended 88/09/18 for
3 yrs. Svd: 3 yrs 9 months 17 days, of which AMS is 2 months.

(4) Enlisted USAFNG 90/09/08 for 6 yrs. Extended 92/05/02
for 19 months. Svd: 7 yrs 7 months, 23 days, of which AMS is 2 months 14 days.
SP4(E-4)-88/10/26. SGT(E-5)-90/04/30. No performance reports in file.

3. SERVICE UNDER REVIEW:

a. Enlisted as SSgtUSAFRes 98/05/01 for 6 yrs. Svd: 3 Yrs 5 Mo 30 Das, of
which AMS is 2 months 29 days.

b. Grade Status: none.
oO. Time Lost: none.-

d. Art 15's: none.

e. Additional: none.

£. CM: none.

g. Record of SV: none.

(Discharged from Robins AFB)
FD2001-0485
h. Awards & Decs: AFTR, ARGCM, AFLSAR W/2 DEV, AROSSR, ARSR.

i. Stmt of Sv: TMS: (19) Yrs (01) Mos (10) Das
TAMS: (3) Yrs (7) Mos (13) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/10/24.
(Change Discharge to Honorable)

Issue 1: Discharge characterization is improper. It should be honorable in
accordance with AFI 36-3209, para A2.2 et seq; AFR 20-10, para 19e, DODD 1332.28
atch 4, Wood v. Secretary of Defense, 196 F. Supp 192 (D.C. Dist 1980) (see

especially p. 197 dicta) and Doe v. Secretary of the Air Force, 563 F. Supp 4
(D.C.Dist 1982),

 

 

Issue 2: I --~---- have never developed a pattern for drug use let alone
abuse drugs.

Issue 3: My work history show through drug testing that I never came up
positive for drug use.

Issue 4: Also, on the day of hearing the expert representing the Gov't. did
not show up for the hearing and refuse to allow my representing counsel to argue
a letter she submitted. By not returning his phone calls.

Issue 5: Two weeks prior to my hearing (Discharge) I talk (sic) to my

appointed Govt. (sic) counsel Capt ------- and gave him information on the
witness who brought illegal contraband into my home. Capt ------- , took the
information and sent the witness ------- , certified mail to testify in behalf of
my Discharge Board Hearing. Mr. ------- never recieved (sic) certified mail
because I recently found out Mr. ------- has been incarcerated since the

beginning of Jun 2001 for reason unknown to me. He is presently serving time in
aaa County Jail -------.

ATCH

1. Applicant Memo to Discharge Review Board.

2. Character Reference.

3. Occupational Health Report.

4. Employee Consent and Verification For Drug Testing.

5. Hq Air Reserve Personnel Center Stop Loss Letter, 27 Sep 01.
6. Discharge Approval Letter, 11 Oct 01.

02/02/04/ia
DEPARTMENT OF THE AIR FORCE

AIR FORCE RESERVE COMMAND

 

MEMORANDUM FOR SSGT .

Tacoma WA 98499-9329

FROM: HQ AFRC/DPM
155 Richard Ray Blvd
Robins AFB GA 31098-1635

SUBJECT: Notification of Initiation of Separation Action under AFT 36-3209

1. By this memorandum separation action is being initiated against you for misconduct,
commission of a serious offense, drug abuse. The authority for this separation action is AFI 36-
3209, Chapter 3, paragraph 3.21.3.2. Information regarding your entitlement to submit
statements about your case, the lawful usage of such statements and their disclosure is provided in
the attached Privacy Act Statement (Atch 1). A description of the reasons for this separation
action is set forth in the attached Statement of Reasons (Atch 2) along with supporting
documents. Supporting documents from investigative reports may be obtained by contacting
Capt Sims a Judge Advocate as indicated in paragraph 3a. AF] 36-3209 1s available for your
review at your servicing Military Personnel Flight. The types of separation authorized are
Honorable, General (Under Honorable Conditions) and Under Other Than Honorable Conditions.

The type of separation recommended in your case is an Under Other Than Honorable Conditions
Discharge.

2. Within 24 hours after you receive this memorandum, you must complete and return the
attached acknowledgment of receipt (Atch 3) of this memorandum and the attachments thereto.

3. The following is a summary of your rights:

a. You are entitled to consult with a military legal counsel who is qualified under Article

‘ 27(B)(1), Uniform Code of Military Justice (UCM), at no cost to you. You may also consult
with civilian legal counsel of your choice, but at your own expense. Capt ae. a judge

advocate who is qualified under Article 27 (B)(1), has been designated to represent you in

connection with this separation action. His mailing address is HQ AFRC/JAS, 155 Richard Ray
Blvd. ‘nial, His phone numbers are DSN 497- Sage 1 1-800,
extension 7 or commercial (478) .

b. You have the right to submit pertinent statements and/or documents in your behalf which
you desire to be considered in the disposition of your case. If you elect to exercise your right to
submit statements, and you return the attached form (Atch 4) within 15 days of receipt, you may
submit statements or documents at any time during the administrative discharge process. Your
decision on requesting or waiving the board hearing does not affect your right to submit
statements or documents during the administrative discharge process. The form must be signed
either by you or your legal counsel and returned to HQ AFRC/DPM, 155 Richard Ray Blvd,

. Dathing ADR CLA VINOR1635 :
ri
Fe 20m- Orgs

c. If you need additional time to respond to this separation action, either you or your legal
counsel may submit a written request to HQ AFRC/DPM, 155 Richard Ray Blvd, Robins AFB -
GA 31098-1635, for an extension of time, stating why you need the extra time and how much

you'll need. The request must be submitted in sufficient time to reach this office within 15 days
after receipt of this memorandum.

4. You are eligible for an administrative discharge board. Within 15 days after you receive this
memorandum, you may request to have your case heard by an administrative discharge board at
this headquarters by completing and returning the attached form (Atch 5) requesting a board
hearing. If you desire a board hearing, you must mail the completed form insufficient time to
reach this headquarters within 15 days after your receipt of this memorandum. Otherwise, your
right to have your case heard by an administrative discharge board will be considered waived.
Within 15 days after you receive this memorandum, you may waive your right to have your case
heard by an administrative discharge board by completing and retuming the attached form (Atch
6), evidencing your waiver. Information regarding an administrative discharge board is
provided at Attachment 7. ‘

5. You are not eligible to apply for transfer to the Retired Reserve.

6. You should note that failure to respond on the selection of one of these options, or failure to
request a delay within 15 days after you receive this memorandum, will constitute waiver of all
your rights. This includes the right to have your case heard by an administrative discharge board,

and will result in your case being processed on the basis of all the evidence then available.

7. Return envelopes are attached (Atch 8) for your convenience.

  
    

_ Chief, Military Personnel Operatigns
Military Personnel Division

Attachments:

1, Privacy Act Statement

2. Statement of Reasons w/
Supporting Documentation
Acknowledgment of Receipt
Selection. of Rights .
Request for Board Hearing
Waiver of Board Hearing
Discharge Board Info
Envelopes (2)

BOS Sa Gn ee

ce:
HQ AFRC/JAS
446 MSS/DPMSA (Relocations) wo Attachments
OCT-18-26 7 7
@1 15:46 FROM:HQ AFRC DPM 8849798357 TO:253 984 5163 P. 8047884

200 ~
DEPARTMENT OF THEAIRFoRCE =| (~OF 25

AIR FORCE RESERVE COMMAND

 

OCT 11 200)

  
     
 

MEMORANDUM FOR DPM

ve
i

FROM: CV
SUBJECT: Administrative Discharge, sy

I have reviewed the attached administrative discharge board transcipt on SSgna@. The
evidence in the file proves|he tested positive for tetrahydrocannabinol during a random urinalysis
test. Due to the nature of this offense, 1 hereby approve his separation from the United States Air
Force Reserve with an Under Other than Honorable Conditions Discharge in accordance with
AFT 36-3209, paragraph 3]21.3.2, Misconduct, Commission of a Serious Offense, Drug Abuse. |
also deny suspension of tHe discharge for the purpose of receiving probation and rehabilitation in

accordance with AFI 36-3209, paragraph 3.25,

  

Pee re

 

Vice Commander _

Attachment:
Case File, $Sef;
OCT-18~2881 15:46 FROM:HG AFRO OPM

a

884978357 TO:253 984 5103 P, @G2-004

PD 200! - 04ES

DEPARTMENT OF THE AJR FORCE
HEADQUARTERS AIR FORCE RESERVE COMMAND
155 RICHARD RAY BLVD

RGBINS AIR FORCE BASE, GEORGIA 31098-1635

  
    
 

RESERVE ORDER

16 October 2001

A-008

The Air Force relieves SSGT - ; :
functional account code: 440100; position control nymber: 0068967]1.) from assignment
446th Civil Engineering Squadron, McChord AFB WA and discharges him from the United
States Air Force Reserve effective 31 October 200). ervice is characterized ag Under Other
Than Honorable Condijions. Mailing address: Tacoma WA 98499-9329.

Authority; AFI 36-8209, Misconduct, Commission of Serions Offense, Drug Abuse.
Reenlistment Eligibility status: INELIGIBLE.

 

  
 

FOR THE COMMANDER

 

a 7 SAF
Chief, Military Personnel Division
Directorate of Personnel

DISTRIBUTION:
5-Indiv
1-ARPC/DSMM
1-AFRC/DPMB
1-AFRC/JAC
1-AFRC/JAS
2-446 CES/CC
2-446 MSS/DPMSA (Relocations)
1-Servicing Reserve Phy Office

RO A-008