AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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

AB Seine

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

VOTE OF THE BOARD
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ISSUES INDEX NUMBER

A95.00 A67.70

 
   
    
   

 EXBIBITS SUBMIETE: BG
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE

 

 

LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

HEARING DATE CASE NUMBER

7 JAN 03 FD2002-0312

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TAPE RECORDING OF PERSONAL APPERANCE HEARING
HED ATR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE:

 

 

 

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDENT

  
   

: 7 IAN03

 

SECRETARY OF ‘THE AIR FORCE PERSONNEL COUNCIL

AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3°” FLOOR
ANDREWS AFB, MD 20762-7002

Previous edition will be used.

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

   
 

 

 

    

AFHQ FORM 0-2077, JAN 00
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0312

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

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

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

FINDINGS: Upgrade of discharge is denied.

The board finds that the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that would justify a change of
discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. 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. The records indicated applicant received
two Article 15’s for a curfew violation and for wrongfully using marijuana. He also received eleven
discrepancy reports for disobeying a lawful order, refusing to follow instructions, not wearing the proper
uniform combination, failing to carry mandatory items, violation of shaving standards, violating curfew,
failing to properly clean dorm room, missing mandatory formations, laughing in formation, and, four
Letters of Counseling and one Letter of Admonishment for failure to complete written assignments,
dereliction of duty, and missing mandatory formations. Although the Commanders notification letter to the
individual lists all the above actions as the Reason for discharge, the only Reason listed on the discharge
documents is for Drug Abuse. The drug abuse alone is sufficient basis for discharge. The DRB opined that
through these administrative actions, the applicant had ample opportunities to change his negative/repetitive
behavior. The Board concluded the drug abuse was a significant departure from the conduct expected of all
military members. The Board 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
FD2002-0312
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ar (Former AB) (HGH A1C)
epee,

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 01/02/05 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 78/11/09. Enimt Age: 20 9/12. Disch Age: 22 2/12. Educ: HS DIPL.
AFOT: N/A. A-20, E-59, G-42, M-30. PAFSC: 2M033A - Space and Missile
Facilities Apprentice. DAS: 00/02/25.

b. Prior Sv: (1) AFRes 99/08/13 - 99/11/02 (2 months 20 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 99/11/03 for 6 yrs. Svd: 01 Yrs 03 Mo 03 Das, all AMS.

b. Grade Status: AB - 00/09/27 (Article 15, 00/09/27)
AMN - 00/06/29 (Article 15, 00/06/29)
A1c - 00/05/05
AMN - 00/05/03

ec. Time Lost: None.

d. Art 15’s: (1) 00/09/27, Vandenberg AFB, CA - Article 92. You did, on
or about 26 Aug 00, fail to obey a lawful general
regulation, to wit: Air Force Education and Training
Command Instruction 36-2216, paragraph 4.3.4, dated 30
Mar 98, by failing to be present in your dorm room
after the prescribed time of 2300 hours. Reduction to
AB, forfeiture of $250.00 pay per month for 2 months
(Suspended). (No appeal) (No mitigation)

(2) 00/06/29, Vandenberg AFB, CA - Article 112a. You did,
at or near San Luis Obispo, California, between on or
about 1 Apr 00, wrongfully use marijuana. Reduction to
Amn, restriction for 30 days, and a reprimand.

(No appeal) (No mitigation)

e. Additional: RIC, 15 JUN 00 ~- Smoking in uniform.
DR, 20 JUN 00 - Disobeyed lawful order.
DR, 14 JUN 00 - Refusing to follow instructions.
RIC, 07 JUN 00 - For receiving four DRs since 25 May 00.
DR, 06 JUN 00 ~ Not wearing proper uniform combination.
DR, 06 JUN 00 - Failing to carry mandatory items.
DR, 01 JUN 00 - Violation of shaving standards.
DR, 25 MAY 00 - Violating curfew.
FD2002-0312

DR, 23 MAY 00 - Failing to properly clear dorm room.

RIC, 23 MAY 00 - Missing 2 mandatory formations.

DR, 22 MAY 00 - Missing mandatory formation.

DR, 18 MAY 00 - Failure to carry mandatory items.

DR, 10 MAY 00 - Laughing in formation.

DR, 11 APR 0O - Missing formations.

LOA, 05 APR 00 - Dereliction of duty.

LOC, 23 MAR 00 - Failure to complete a written assignment
as directed.

£f. CM: None.
g. Record of SV: None.

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

i. Stmt of Sv: TMS: (01) Yrs (05) Mos (23) Das
TAMS: (01) Yrs (03) Mos (03) Dag -

4, BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/07/12.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.

ATCH
1. DD Form 149.

02/11/05/ia
PDR00Z- 03 yz_
DEPARTMENT OF THE AIR FORCE

30TH SPACE WING (AFSPC)

MEMORANDUM FOR 30 swe aniieans,

FROM 30 SW/JA

 

SUBJECT: Legal Review — AFI 36-3208 Administrative Discharge Action

Gia meningg, 532 TRS (AETC)
1. The proposed administrative discharge action against SRR eaagh: has been

reviewed and found to be legally sufficient.

2. BASIS FOR ACTION: AFPD 36-32 and AFI 36-3208, paragraph 5.54: Drug Abuse. @
Witte was notified of this action by his Commander on 24 Jan 01. The commander recommends
that Map occent term of service be characterized as General, Under Honorable Conditions

in accordance with AFI 36-3208, paragraph 1.18. Counsel was made available -—iianer
however, he declined to consult counsel and elected to waive his right to submit statements on

his own behalf. This waiver can be found under Tab 3, Attachment 3.

3. FACTS: