AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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

SRA

 

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
   

ISSUES INDEX NUMBER HES: ED.TO TH

A93.08, A01.14 A66.00 1 DER APPOINTING THE BOA
2 | APPLICATION FOR REVIEW OF DISCHARGE

  

 

 

 

 

3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

 

 

 

 

03-01-10 FD2002-0174 COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

       
 
  

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

APPLICANT: "SISSUR A:

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AHE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE, oe AIR

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* Change Reason and Authority for discharge to Secretarial Authority.
Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

SIGNATURE OF BOARD PRESIDENT
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SAF/MIBR Y/ SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
350 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 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} pp97-90339

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

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

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

FINDINGS: The discharge is upgraded to Honorable, and the reason for discharge is changed to
Secretarial Authority.

Issues. Member received a general discharge for drug abuse after she made a signed, sworn written
admission of one-time marijuana use in the fall of 1999, during an Air Force Office of Special
Investigations (AFOSI) interview on September 11, 2001. Applicant contends her spouse influenced her;
he was a former military member who had been discharged for misconduct, and who was using marijuana
daily. He supposedly requested she use marijuana with him, to which she normally refused. But on one
occasion, she agreed. Member also claimed her spouse mentally, verbally, and eventually physically
abused her. They eventually separated, but reconciled after she visited him and became pregnant with
twins. Although he claimed he would change, his drug and spouse abuse allegedly continued. Member
subsequently reported her husband’s drug abuse to her First Sergeant; he referred her to family advocacy.
They referred her to AFOSI. In the course of reporting her husband’s activity, AFOSI asked if she had
participated. That’s when she admitted her one-time use. The records disclosed a history of family
advocacy program entries from July to October of 1999, and again from September of 2001 to January
2002. They also revealed a complete denial of pre-service drug use by applicant on her enlistment
documents. At the time of the discharge, member requested retention and argued that she met the seven
retention criteria for drug abusers. Her commander didn’t feel her claims were credible and recommended
denial of the retention waiver. The discharge authority upheld that recommendation. After a thorough and
complete consideration of the information submitted by the applicant and contained in the record, the Board
concluded there was sufficient mitigation to substantiate upgrade of the discharge and to change the reason
for 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 findings, the Board further concludes that the overall quality of
applicant’s service is more accurately reflected by an Honorable discharge and the reason for the discharge
is more accurately described as Secretarial Authority. The applicant’s characterization and reason for
discharge should be changed to Honorable and Secretarial Authority under the provisions of Title 10, USC
1553.

Attachment:
Examiner's Brief
FD2002-0174

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

(Former SRA) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 02/04/08 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

ce a. DOB: 79/02/25, Enlmt Age: 18 7/12. Disch Age: 23 1/12. Educ: HS DIPL.
AFOT: N/A. A-95, E-44, G-57, M-13. PAFSC: 4N051 - Medical Service Journeyman.
DAS: 98/07/25.

b. Prior Sv: (1) AFRes 97/09/26 - 97/12/02 (2 months 7 days) (Inactive).

3. SERVICE UNDER REVIEW:

_ a. Enlistedas Alc 97/12/03... fox 4_yrs.— Extended 01/69/07 for 4 months.
Svd: 04 Yrs 04 Mos 06 Das, all AMS. (Examiner’s Note: Member served beyond DOS
due to stop loss). '
b. Grade Status: SRA - 00/04/03
c. Time Lost: None.
d. Art 15’s: None.
e. Additional: LOR, 24 JAN 02 - Smoking marijuana.

RIC, 05 FEB 99 - Failure to report to a mandatory
appointment.

f. CM: None.
g. Record of SV: 97/12/03 - 99/07/15 Ramstein AB 4 (HAF Dir)
99/07/16 - 00/07/15 Ramstein AB 4 (Annual)
00/07/16 - 01/07/15 Ramstein AB 5 (Annual) |
(Discharged from Ramstein AB)

h. Awards & Decs: AFTR, AFLSAR, AFOUA, AFGCM, AFOSLTR, MSJB.

i. Stmt of Sv: TMS: (04) Yrs (06) Mos (13) Das
TAMS: (04) Yrs (04) Mos (06) Das

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

NO ISSUES SUBMITTED.
FD2002-0174

ATCH

1. Two Statements by Applicant.

2. Letter of Reprimand, 24 Jan 02.

3. Response to Letter of Reprimand, 28 Jan 01.

4. Seven Character References.

5S. Notification Memorandum, 12 Feb 01.

6. ADC Extention Request, 14 Feb 02.

7. Response to Involuntary Discharge, 19 Feb 02.
' 8. Waiver of Discharge Recommendation, 11 Mar 02.

9. Question/Comments.

10. Notes/Thoughts.

11. Memorandum For 86 MSS/DPMAS, 19 Mar 02.

12. Report of Investigation.

13. Copy of AFPAM 36-2241V1, 01 Jul 01, page 200 through 204.

02/09/11/ia
. e9ve9v2002 © 13:37 : FD200Z-0/74 NR.261 a2

 

#9709 2002 06:30 FAX 480 9742 | 86 AW/JAM (002
a - .
we! , YH
DEPARTMENT OF THE AIR FORCE
86TH AIRLIFT WING (USAFE)
(3M#roz
MEMORANDUM FOR. 86 AW/CC

FROM: 86 AW/JA

SUBJECT: Legal Review of Discharge ~ SUUaggggeaggammmmnpanee TONER

1. [have reviewed the administrative discharge action apainct—ge EI:
CMAP vitiated on 12 February 2002 by eT 86 AMDS/CC, and find it

legally sufficient to support discharge.

2. BASIS FOR THE ACTION: Administrative discharge action was initiated pursuant to
AFT 36-3208, paragraph 5.54, Drug Abuse. (GRRE S6 AMDS/CC,
recommends @ discharge characterization of General (Under Honorable Conditions). @QaF

__ ____WERRMEPSischarge is based upon her wrongful use of marijuana, a Schedule I controlled ee
substance. For this behavior she received a Letter of Reprimand (LOR) dated-24 January 2002.

  

waiver of discharge under AFT 36-3208, Paragraph’ oo
4. DISCUSSION:
ageeat MRE actions fit the definition of drug abuse in AFI 36-3208, paragraph 5.54,

b, Inote no errors or irregularities that affect Qaeaiiins legal rights.

ce discharge package was delayed pending the commander’ decision oni:
request for-waiver-of discharge, which ho recommended be denicd.—

d. According to AFI 36-3208, paragraph 5.55.2.1, a member found to have abused drugs will
be discharged unless the member meets all seven of the following cnteria:

 

(1) Drug abuse is a departure from the member's usual and customary behavior;

(2) Drug abuse occurred as the result of drug experimentation (a drug experimenter is
defined as one who has illegally or improperly used a drug for reasons of curiosity, peer pressure,
or other similar reasons);
+ 99/09/2002 13:37

Pp NR.261 BB
09/08 2002 08:30 FAX 480 9741 86 AW/JAW 26eZ- O/7F aovs

eal Nee”

(3) Drug abuse does not involve recurring incidents, other than drug experimentation as
defined above; -

(4) The member does not desire to engage in or intend to engage in drug abuse in the
future;

(5) Drug abuse under all the circumstances is not likely to recur,

(6) Under the particular circumstances of the case, 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
(7) Drug abusa did not mvolve drug distribution.

e. The member has the burden of proving retention is watranted under the above seven
circumstances. GMABMMeasseris she mects the seven criteria, Her coromander believes that
her retention would not be consistent -with the maintenance of good-order and-discipline in his —----t—————
unit. He believes the facts and circumstances of this case indicate: ‘level of use
may be more than she has admitted. Although she has been a good performer during the last
_ tating period, at the time of the offense she was an average performer. She had a couple of
disciplinary issues durmg this time period that would have led the commander to recommend
separation had he been aware of the offense at this point. The commander recommends denial of
the waiver, I concur.

f. uemeootinved active duty is not compatible with the Air Force’s interest in
maintaining discipline, good order, leadership, and morale because drug abuse is inconrpatible

With military service.

5, OTHER MATTERS: BeforoNE can be discharged, she must be found medically
qualified for worldwide duty in accordance with AFI 36-3208, paragrap

medical appointment was set for 12 February 2002, and processing should not be delayed to wait
for the medical report.

6. CHARACTERIZATION OF SERVICE:

a. Characterization of service should be based on the quality of the member's service in the current
enlistment. The respondent has more than 4 yeare of military service. Her.current enlistment began
on 3 December 1997 for a term of 4 years. She also had an extension approved for four months
making her estimated time of separation date 2 April 2002. However, her separation i is on hold due to
Stop Loss ene: had three enlisted performance reports with ratings of 5, 4, and 4,

 

b. The service of an airman discharged for drug abuse may be characterized as honorable, general,
or under other than honorable conditions (UOTHC). A UOTHC discharge characterization is not
currently authorized because the respondent was not offered a board hearing.
* @9/89/2202 13:37
ae fD2002- 0/74 NR. 64 DOA
09/09 2002 08:31 PAX 480 9741 86 AW/JAM @oo4

WL QV

¢. An honorable characterization is warranted when an airman’s service generally has met Air
Force standards of acceptable conduct and the member's duty performance has otherwise been so
meritorious that any other characterization would be inappropriate,

d, A general characterization is warranted when 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.

e, In this case, use of marijuana constitutes a significant negative aspect that outweighs the

positive aspects of MQM military record, The respondent’s commander recommends a
‘ general discharge, I agree.

2 ie

7. PROBATION AND REHABILITATION: Under AFI 36-3208, paragraph 7.2.6, airmen are
not eligible for probation and rehabilitation if the reason for discharge is drug abuse.

8. ACTIONS WHICH MAY BE TAKEN: As the Special Court-Martial] Authority, you have the
following options:

TT ~——a_ Tf you find ths respondent meets the seven criteria for a Waiver, forward the ease filete—.. -_____
3 AF/CC recommending approval of the waiver;

b. Forward the case file to 3 AF/CC, recommending the respondent be separated from the
USAF with an honorable discharge;

c. Retum the case file to the nit for processing as an administrative discharge board case.
This would permit a service characterization of UOTHC;

d, Find there is no credible evidence of drug abuse and terminate thie discharge action; or

e. If you find the respondent does not meet the seven criteria for a waiver, direct she be
separated from the USAF with a general discharge.

9. RECOMMENDATION: Find — | does not meet the seven criteria for a waiver
and direct she be separated from the USAF with a general d digch arc

  

Attachments:

1. Proposed Memo for 86 AW/CC

2. Discharge Package

3. Respondent's Documentation
a. Receipt of Notification Memorandum, 12 Feb 02
b. Member’s Response, 19 Feb 02
* 99/89/2082 = 13:37 Fd 2c02- 2 ID NR.@61 B12

’
ene San ganter

DEPARTMENT OF THE AIR FORCE
86TH AIRLIFT WING (USAFE)

 

FEB 12 2002
MEMORANDUM FOR @iggiaaaiiingmNOmeng 8.6 AMDS

FROM: 86 AMDS/CC
SUBJECT: Notification Memorandum

1. Tam 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 will be characterized as honorable or general. I am
recommending that your service be characterized as general (under honorable conditions),

2. My reason for this action is that you wrongfully used marijuana, a Schedule I controlled
substance. For this incident, you received a Letter of Reprimand dated 24 January 2002 (Atch
la).

 

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 USAF, and any special pay, bonus, or education assistance funds may be
subject to recoupment.

4. You have the tight to consult counsel. Military legal counsel has been ob

you. J have made an appointment for you to consult with aM ——
Area Defense Counsel, Ramstein AB, GE, Building 2111, DS 480-2182/2492 on

- at_PRSl> hours, You may-consult-cjvilian counsel. at your-owA—

   
 

 

tained to assist

 

expense,

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 4 Fe ty On. at SYS” hours
unless you reqnest and receive an extension for good cause shown. I will send them to the

separation authority.

6. If you fail to consult counsel or 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 medical evaluation. You must report in uniform with your
medical records aud an escort to the Ramstein AB Clinic, Physical Exams, Building 2121

on dh leh jp ___ at (490 _ hours for the evaluation, If.an examination is
required, tell the doctor you need a “separation” physical examination, If you wear glasses, you

must bring them with you. If you wear contacts, you must be able to remove them.
1 9709/2002 13:37 FD 2G0R -3/ Jee. Q61 13

*

— ares

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,

 

Attachments:
1. Supporting Documents:
a. LOR, 24 Jan 02
b. OSI Report of Investigation, 21 Nov 01
c. ROIC, 5 Feb 99
2. Airman’s Receipt of Notification Memorandum