AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 
 

   
  
  
  
  

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

KHIBITS SUBMILTE! EBOAR

“T ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

ISSUES INDEX NUMBER

A94.01, A94.05 A66.00

      
   

 

LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

2 JUN 03 FD2002-0112 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

  
 

  
 
   
  

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

ARGE- REVIEW. oe NAL RATIO
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ARDS DECISION?
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“REMARKS
Case heard at Scott AFB, Illinois.

 

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

  

 

  
  
  

SIGNATURE OF BOARD PRESIDENT

    

  
 

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

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

     

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0112

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

The applicant’s appeal was heard by the Discharge Review Board (DRB), at Scott AFB, IL on June 2, 2003.
The applicant did not appear.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. |

FINDINGS: Upgrade of discharge to Honorable is denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
impropriety or an inequity that would justify upgrade of the discharge.

ISSUES: The applicant was discharged with a General Discharge for misconduct or, more specifically,
drug abuse. The applicant was court-martialed for numerous uses of marijuana, a Schedule I controlled
substance, and for numerous uses of methamphetamine, also a Schedule I controlled substance. He was
confined for 10 months, reduced in rank, and assessed forfeitures, but did not receive a punitive discharge.
In addition to the drug use for which he was court-martialed, his records (referencing the investigation into
his drug use) indicate involvement with cocaine and LSD, also Schedule I controlled substances. He was
subjected to discharge and waived his board hearing in exchange for no less than a General service
characterization. Applicant now states that he should have been given an honorable discharge because the
characterization he received was too harsh under the circumstances. The DRB disagreed and concluded
that the characterization of the applicant’s discharge was appropriate given the nature of the applicant’s
misconduct, involving as it did extensive use and association with illegal drugs. Moreover, the DRB could
discern no evidence of any impropriety or inequity associated with the applicant’s case.

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. Having found no
inequity or impropriety, the DRB denies the requested relief.

Attachment:
Examiner's Brief
FD2002-0112
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1lC) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 99/08/13 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 74/06/01. Enlmt Age: 17 9/12. Disch Age: 25 2/12. Educ:HS DIPL.
AFQOT: N/A. A-45, E-48, G-48, M-88. PAFSC: 2A333A -— Tactical Aircraft
Maintenance Apprentice. DAS: 96/03/28.

b. Prior Sv: (1) AFRes 92/03/24 - 92/07/14 (3 months 21 days) (Inactive).

(2) Enlisted as AB 92/07/15 for 4 yrs. Extended for 7
months. Svd: 3 yrs 1 month 0 days, all AMS. AMN - 93/01/15. Al1C - 93/11/15. _
SRA - 95/07/15. EPRs: 2,4.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SRA 95/08/15 for 4 yrs. Svd: 03 Yrs 11 Mo 28 Das, of
which AMS is 3 yrs 5 months 24 days (excludes 6 months 4 days lost time).

b. Grade Status: A1C - 99/02/08 (GCMO# 9, 99/04/01)
c. Time Lost: 99/01/25 thru 99/07/29 (6 months 4 days).
d. Art 15’s: none.
e. Additional: none.
£. CM: General Court Martial Order No. - 99 April 01
CHARGE: Article ll2a. Plea: Guilty. Finding: Guilty.

Specification 1: Did, on divers occasions between on or about 1
Feb 98 and on or about 30 Sep 98, wrongfully use marijuana.
Plea: Guilty. Finding: Guilty.

Specification 2: Did, on divers occasions between on or about 28
Mar 96 and on or about 19 Sep 98, wrongfully use methamphetamine.
Plea: Guilty. Finding: Guilty, except the words "28 March 1996"
and the words "19 September." Substituting therefor the words "1
February 1998" and the words "31 March," respectively, of the
excepted words NG, of the substituted words Guilty. Sentence:
adjudged by military judge on 25 January 1999. Confinement for
ten months, forfeiture of all pay and allowances, and reduction
to airman first class.
FD2002-0112

g. Record of SV: 95/03/15 - 96/01/31 Eglin AFB 4 (CRO)
96/02/01 - 97/01/31 Elmendorf AFB 5 (Annual)
97/02/01 - 97/12/12 Elmendorf AFB 5 (CRO)
97/12/13 - 98/12/12 Elmendorf AFB 2 (Annual) REF

(Discharged from Elmendorf AFB)

h. Awards & Decs: AFAM W/1 DEV, AFLSAR, AFTR, SWASM W/1 DEV, NDSM, SAEMR,
AFEM, KLM, AFUA, AFGCM W/1 DEV.

i. Stmt of Sv: TMS: (06) Yrs (09) Mos (22) Das
TAMS: (06) Yrs (06) Mos (02) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/03/04.
{Change Discharge to Honorable)

Issue 1: The veteran was on active duty in the United States Air Force for
a total of six years and eleven months. During his first six years of service
he performed his duties without any disciplinary infractions. He was awarded
two good conduct awards, the Air Force Achievement Award, the Air Force
Longevity Service Award, the Southwest Asia Service Medal, the Kuwait Liberation
Medal, the Air Force Outstanding Unit Award and the Armed Forces Expeditionary
Medal. He was a credit to the Air Force and to his country. In his seventh
year of active service he began using marijuana and was court martialed for this
inappropriate behavior. The court maritial resulted in a General Discharge
Under Honorable Conditions.

The veteran believes that the punishment he received for his inappropriate
conduct was far too severe in that it was the first and only discipline he
received while on active service. He requests that his discharge be upgraded to
enable him to live the remainder of his life with a record of honorable service
to his country.

ATCH
1. DD Form 214.

02/06/26/ia
FD 2002-0 1/=

DEPARTMENT OF THE AIR FORCE
PACIFIC AIR FORCES

 

MEMORANDUM FOR 3 WG/CC MAR 16 1999

FROM: 3 WG/JA
2900 9" Street, Suite 330
Elmendorf AFB AK 99506-2470

1. Lt Col SQRNReM, 19: FS/CC, recommends that A| GRRE: discharged
pursuant to AFI 36-3208, paragraph 5.54, for misconduct based on drug abuse. He further
recommends that Al CRRMMAEBIM con ditional waiver of his right to an administrative board
hearing, in exchange for receiving no less than a general discharge, be accepted and

A) COREE separated with a general discharge. The reasons set forth in the
Commander's Recommendation for Discharge Letter with accompanying documentation are
legally sufficient to support discharge action under this provision of the instruction. Prior to final
discharge, Al CORR will be medically cleared for separation.

2. FACTS:

a. The event upon which this discharge is based occurred during A1C MM current
enlistment, which began on 15 Aug 95, and is detailed below:

Between 1 Feb 98 and 30 Sep 98, then SrA wi on divers occasions
wrongfully use marijuana, Between 1 Feb 98 and 31 Mar 98, then SrA QM did
wrongfully use methamphetamine. For these offenses he plead guilty before a general courts-
martial and was sentenced to confinement for 10 months, total forfeitures of all pay and

allowances, and reduction to the rank of airman first class. This offense is evidenced by an Air
Force Form 1359 (Report of Result of Trial), and a stipulation of fact signed by then
SrA Holmquist.

b. Other derogatory data or disciplinary conduct:

On 19 Oct 97, then SrA es derelict in the performance of his duty in that he
failed to document on aircraft forms that he had removed a broken position light from the
aircraft. For this offense he received a Letter of Admonition.
“pp ge0n- OI

3. Airmen subject to separation for misconduct based on drug abuse may be discharged under
honorable, general, or under other than honorable conditions and are not eligible for probation
and rehabilitation (P&R). The 19th Fighter Squadron Commander recommends

Al CGR: on ditional waiver of his administrative board hearing rights, in exchange for
receiving no less than a general discharge, be accepted. I concur with that recommendation.

4, After consulting counsel, Al Case lected not to submit a statement for consideration.

5. LEGAL ANALYSYS: AFI 36-3208, paragraph 1.21.3, states that if the basis for discharge is

a court-martial conviction that does not contain a punitive discharge, the lowest characterization
of discharge authorized is a general discharge unless approved by the Secretary of the Air Force.
11 AF/JA informs us that unless additional adverse actions are included in the discharge that
were not included in the court-martial, Air Force policy has been to award no less than a general
discharge. Accordingly, in this case, we believe that even if a board awards an under other than
honorable conditions discharge, the Secretary of the Air Force will not approve it. Moreover, a
discharge board in this case will be extremely expensive and time-consuming because we may
have to produce airmen who were convicted in related cases as witnesses in the board. I
therefore recommend you forward this case file to 11 AF/CC with the recommendation that he
approve the conditional waiver and separate the respondent with a general discharge.

6. Pursuant to AFI 36-3208, paragraph 5.56.2, 11 AF/CC is the separation authority for this
discharge action. You may take the following actions in this case:

a. Forward this case file to 11 AF/CC with your recommendation that this action be
discontinued and A] C@@MBbe retained because he meets all seven criteria set forth in
paragraph 5.55.2.1 of AFI 36-3208;

 

b. Reject Al CqggRRMconditional waiver and direct he present his case to an
administrative discharge board pursuant to AFI 36-3208, Chapter 6, Section 3;

c. Forward this case file to 11 AF/CC with your recommendation that the conditional waiver
be accepted and A Cogan separated from the United States Air Force with a General

Discharge; or

4
d. Forward this case file to 11 AF/CC with your recommendation that the conditional waiver

be accepted and AC QAP: separated from the United States Air Force with an
Honorable Discharge.
PP eOA- OMA

7. RECOMMENDATION: I recommend you forward this case file to 11 AF/CC with your
recommendation that he accept the conditional waiver and discharge A1 CQ from the
United States Air Force under the provisions of AFI 36-3208, paragraph 5.54, with a general
discharge.

    

Staff Judge Advocate

Attachment:
Case File (A1C Holmquist)
PAR 0/12.

DEPARTMENT OF THE AIR FORCE
‘PACIFIC AIR FORCES

MAR Tq taeq

 

MEMORANDUM FOR 19 FS/MAOB (A1Cq
FROM: 19 FS/CC
SUBJECT: Notification Memorandum--Board Hearing

1. Iam recommending your discharge from the United States Air Force for misconduct based on
drug abuse. The authority for this action is AFPD 36-32 and AFI 36-3208, under the provisions
of paragraph 5.54. Copies of the documents to be forwarded to the separation authority in
support of this recommendation are attached.

2. My reason for this action is:

Between on or about 1 Feb 98 and on or about 30 Sep 98, you did on divers occasions
wrongfully use marijuana. Between on or about | Feb 98 and on or about 31 Mar 98, you did
wrongfully use methamphetamine. For these offenses you plead guilty before a general courts-
martial and were sentenced to confinement for 10 months, total forfeitures of all pay and
allowances, and reduction to the rank of airman first class. This offense is evidenced by an
Air Force Form 1359 and a stipulation of fact.

3. This action could result in your separation with an under other than honorable conditions
discharge. I am recommending you receive an under other than honorable conditions discharge.
The commander exercising SPCM jurisdiction or a higher authority will make the final decision
in this matter. 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, and any special pay,
bonus, or education assistance funds may be subject to recoupment, .

4, You have the right to:

a. Receive written notice of the reasons for discharge, including the circumstances upon
which each reason is based, and the least favorable type of separation authorized.

b. Receive copies of the documents to be forwarded to the separation authority in support of
the recommendation for discharge.

c. Consult legal counsel. Military legal counsel will be detailed to assist you.

d. Request a hearing before an administrative discharge board.

e. Present written statements in addition to, or in lieu of, the board proceedings.
PIR AZO 2Z~ 6 fF

f. Be represented before the board by Area Defense Counsel assigned to the installation or by
military counsel of your choice, if the counsel of choice is reasonably available, but not by both.
The availability of counsel of choice will be determined according to AFI 51-201, Military
Justice Guide.

g. Be represented before the board by civilian counsel. Civilian counsel may be employed
only at your own expense,

h. Waive any of the above rights. Your failure to respond, after being given a reasonable
opportunity to consult counsel, constitutes a waiver of all rights listed above except the first two.
You must consult legal counsel before making a decision to waive any of your rights. .

5. You have been scheduled for medical examinations. You must report to the 3rd Aerospace
Medicine Squadron, Bldg 24-850 at_ 940 on__ /@ who 99 __ with your medical
records. You are to fast (drink water only) for 14 hours, refrain from alcohol! for 72 hours, and
refrain from the use of tobacco products for 6 hours, prior to examination. Bring eyeglasses (and
-contact solution if using contacts) if applicable. You must be in uniform for these examinations.

6. Capt Oe hes been appointed as military legal counsel to assist you. He can be reached
at DSN 368 Yat 17800 13th St, Ste 108, Beale, CA 95903-1524. Instead of the appointed

counsel, you may have another attorney represent you, if the lawyer you request is in the active
military service and is reasonably available as determined according to AFI 51-201. In addition
to military counsel, you have the right to employ civilian counsel. The Air Force does not pay
expenses incident to the employment of civilian counse). Civilian counsel, if employed, must be
readily available.

7. Confer with your counsel and reply in writing, within 7 duty days, specifying the rights, if
any, you choose to exercise. This statement must be signed in the presence of your counsel who
will also sign it. If you waive your right to a hearing before an administrative discharge board,
you may submit written statements in your own behalf. I will send the statements to the
discharge authority with the case file to be considered with this recommendation. If you fail to
respond, your failure will constitute a waiver of the right to the board hearing.

8. You have been scheduled for a Transition Assistance Program briefing. You must reportto
the Family Support Center at on . You have also been scheduled
for a TMO Household Goods Shipment preprocessing briefing. You must report to Bldg 2-900
(People Center), Rm 247 at on .

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 at your Squadron Orderly Room.

10. If you request a board and you fail to appear without good cause, your failure to appear
_ constitutes a waiver of your right to be present at the hearing.
11. Execute the attached Receipt of Notification Memorandum and return it to me immediately.
\

Commander

Attachments:
1. AF Form 1359, 25 Jan 99
2. Letter of Admonition, 26 Sep 97