AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) T"GRADE | AFSN/SSAN
sen aaaiaiinl, AMN
TYPE

X PERSONAL APPEARANCE RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING HON | GEN VOTHC OTHER
7s X
x
xX
x
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ISSUES

A94.06

INDEX NUMBER

A66.00

    

APPLICATION FOR REVIEW OF DISCHARGE

 

 

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LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER BRIEF OF PERSONNEL FILE

20 NOV 02 FD02-0256 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING
CHARG ECISIO

   

Case heard at Dobbins ARB, Georgia

Advise applicant of the decision of the Board.

 

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDENT
” a i

 

5AF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 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 FD2002-0256

GENERAL: The applicant appeals for upgrade of discharge to Honorable and change the RE Code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Dobbins ARB, GA on November 19, 2002. Mr. Simp the applicant’s father, appeared as a witness.

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

FINDINGS: Upgrade of discharge to Honorable is granted and reason for discharge changed to
Secretarial Authority. However, the reenlistment code will not be changed.

The Board finds that the evidence of record substantiates an inequity that would justify upgrade of the
discharge.

ISSUES: The applicant was discharged with a General Discharge for Misconduct — Drug Abuse. The
records indicated the applicant received a Summary Court Martial for wrongfully distributing percocet.
After a through and complete consideration of the information submitted by the applicant, the applicant’s
compelling personal testimony, and information contained in the record, the Board concluded that there was
sufficient mitigation and extenuation to substantiate upgrade of the discharge and to change the reason for
the discharge. The Board voted to leave the applicant’s reenlistment code as is.

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 also concludes that the overall quality of applicant’s service is more
accurately reflected by an Honorable discharge. The applicant’s characterization for discharge should be
changed to Honorable and Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
FD2002-0256
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

MISSING MEDICAL RECORDS

—e (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/06/07 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Discharge and Change
the Reentry Code.

2. BACKGROUND:

a. DOB: 79/08/24. Enlmt Age: 19 6/12. Disch Age: 20 9/12. Educ: HS DIPL.
AFQT: N/A. A-53, E-18, G-25, M-11. PAFSC: 28031 - Supply Management
Apprentice. DAS: 99/08/26.

b. Prior Sv: None.

3. SERVICE UNDER REVIEW:

a. Enld as AB 99/03/10 for 4 yrs. Svd: 1 Yr 2 Mos 28 Das, all AMS.

b. Grade Status: AMN - 00/05/19 (SCM, 00/05/19)
Alc - 00/01/10

c. Time Lost: None.

d. Art 15’s: None.

e. Additional: RIC, 11 APR 00 - Damage to government property.

RIC, 2 FEB 00 - Failure to obey and order.
RIC, 1 FEB 00 - Failure to meet two mandatory
appointments.

£. CM: Summary Court Martial - 2000 May 11.
CHARGE: Article 112a(d)1. Plea: Guilty. Finding: Guilty.

Specification: Did, at or near Offutt Air Force Base, Nebraska,
between on or about 18 Nov 99 and on or about 31 Dec 99,
wrongfully distribute percocet, a schedule II controlled
substance. Sentence approved by the convening authority on

19 May 00. Reduction to the grade of AMN, and confinement for
9 days.

gq. Record of SV: None.

(Discharged from Offutt AFB)
FD2002-0256
h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (1) Yr (2) Mos (28) Das
TAMS: (1) Yr (2) Mos (28) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/06/10.
(Upgrade Discharge to Honorable and Change Reentry Code)

ISSUES ATTACHED TO BRIEF.

ATCH
1. DD Form 149.
2. Applicant's Issues.

02/09/23/cr
‘SEP 19 ’@2 @9:130M OFFUTT AFB LEGAL OFC a P.3/15

FIP 2002~ O2r¢g¥

Bo age DEPARTMENT OF THE AIR FORCE =

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

 

8 JUN ane
MEMORANDUM FOR 55 WG/CC

FROM: 55 WG/JA -

SUBJECT: Legal Review: Administrative Discharge Action--SaiaiiORRSIRANnONIttAI a,

1. INITIATION OF ACTION: On 2 June 2000, 55 SUPS/CC notified aii.
a et 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
nna receive a general discharge without probation and rehabilitation (P&R),

2. RESPONDENT: The respondent is a twenty-one year old Receiving Apprentice. He has
completed one year and two months of his four year enlistment (TAFMSD: 10 March 1999) and
- was assigned to his unit on 26 August 1999, This is his first enlistment.

3, REASON FOR DISCHARGE: The respondent did, at or near Offutt Air Force Base,
Nebraska, between on or about 18 November 1999 and on or about 31 December 1999,

wrongfully distribute percocet, a schedule II controlled substance, For this incident he was
_ convicted in a Summary Court Martial on 11 May 2000, with punishment consisting of reduction
to the grade of Airman and confinement for nine days.

4. RESPONDENT’S SUBMISSION: By letter dated 2 June 2000, the respondent waived his
right to consult with counsel, and waived his right to submit 4 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 distribution of percocet provides a sufficient basis for discharge.

b. Appropriateness of Discharge: The respondent’s misconduct does not support
continued military service. Drug abuse is clearly incompatible with military service. Under
‘SEP 19 ’B2 @9:14AM OFFULT AFB LEGAL OFC : P.4/15

FP? 2#002~ 025-6

AFI 36-3208, paragraph 5,55,2.1., a member found to have abused drugs must be discharged
unless the-ménber shows that he meets all seven of the following criteria: drug abuseisa °™”
departure from the member's usual and customary behavior; drug abuse occurred as the result of
drug experimentation; drug abuse does not involve recurring 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, the respondent has not submitted any evidence
showing that he meets the seven retention criteria. Accordingly, discharge is appropriate.

c. Characterization of Service: Table 1.3 to AFI 36-3208 provides that discharges for
Misconduct--Drug Abuse 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

clearly 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,

e. Legal Sufficiency: This action is legally sufficient.
7. OPTIONS: As the special court-martial convening authority, you may:

a, Retain the respondent;
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: or

d. Forward the file to the general court-martial convening authority with a recommendation
for an honorable discharge.

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

 

CERERRR Us0

Staff Judge Advocate
1714
' SEP 19 ’92 9:18AM OFFUTT_AFB LEGAL OFC P.1/1
oon

| =
0 FDO2002- Or156

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

 

FROM: 55 SUPS/CC
SUBJECT; Letter of Notification

1. Iam 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 reasons for this action are: .

a. You did, at or near Offutt Air Force Base, Nebraska, between on or about
18 November 1999 and on or about 31 December 1999, wrongfully distribute percocet, a
schedule II controlled substance. For this incident, you were convicted in a Summary Court
Martial on 11 May 2000, with punishment consisting of reduction to the grade of Airman and
confinement for nine days. (Atch 1-1)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation ate attached. The commandet exercising special court-martial 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 and probably any other branch of the military.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
J have made an appointment for you to consult aS Bidg 323C, RM 302,
Phone 4-3939, at. on . You may consult civilian counsel at your
own expense,

5. You have the right to submit statements on your own behalf, Any statements you want the
separation authority to consider must reach me by 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 on your own behalf, your failure will
constitute a waiver of your right to do so.

7. You have been scheduled for a medical examination. You must report to the 55th Medical
Group, Physical Exams, Room 115, Building 527 (Fairchild Hall) at on
oN
FI? 2002. ~ O2S6

a

for the examination, Please pick up your medical records 24 hours prior to
your appdintitiént,

8. You have been scheduled for an initial separation appointment. You must report to the 55th
Mission Support Squadron, Separations and Retirements Section, Room 235, Bldg 323C, at
on with your escort.

9. You have been scheduled for a pre-sepatation briefing. You must report to the Family
Support Center at on for the briefing.

10, 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 unit orderly room, ,

?

11. Execute the acknowledgment provided and return it to me immediately.

   

‘Commander, 54° Supply Squadron.

Attachments:
Atch 1-1; Article 64(a) Review dated 23 May 2000