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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
Estimate n.d AB a
TYPE sa
PERSONAL APPEARANCE X RECORD REVIEW

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING
XxX
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xX
xX
| |
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ISSUES INDEX NUMBER EXOIEOGEEMITIED TORMEBOARD Gc ee
A01.00 A67.70 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 (| LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 BRIEF OF PERSONNEI. FILE
10 JAN 03 FD2002-0344 COUNSEL’S RELEASE TO THE BOARD
, ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 
 
 

ATTACH BAIR FORCE DI RGE REVIEW 6 BESTS : ALE

He

         

 

 

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.

 

DF 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 FD2002-0344

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge,
and change of reenlistment eligibility (RE) code.

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 is denied.

The board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety, which would justify a change of discharge.

The applicant’s issues are listed in the attached brief.

Issue. The contained in the applicant’s records was carefully reviewed by the DRB. The records indicated
the applicant received one Article 15, two Letters of Reprimand, two Records of Individual Counseling and
one Letter of Admonishment for misconduct. The misconduct included unprofessional conduct, failure to
go, late for work, financial irresponsibility, and wrongfully using marijuana. The DRB opined that through
these administrative actions, the applicant had ample opportunities to change her negative behavior. In
addition, drug abuse is not conducive to service in the United States Air Force. The Board concluded the
misconduct outweighed the otherwise satisfactory performance of this member,

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, thus the applicant's discharge should not be changed.

Attachment:
Examimer's Brief
FD2002-0344
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

iin ewnaie (Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 11 Jun 01 UP AFI 36-
3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 21 Aug 79. Enlmt Age: 19 2/12. Disch Age: 21 9/12. Educ: HS DIP.
AFOT: N/A. A-35, E-39, G-33, M-15. PAFSC: 3M051 - Services Journeyman.
DAS: 9 Jul 99.

b. Prior Sv: (1) AFRes 16 Nov 98 - 16 Mar 99 (4 Mos 1 Day) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 17 Mar 99 for 4 yrs. Svd: 2 Yrs 2 Mos 25 Das, all AMS.

b. Grade Status: AB - 22 May 01 (Article 15, 22 May ol)
Alc - 17 Jul 00
AMN - 17 Sep 99

c. Time Lost: None.

d. Art 15’s: (1) 22 May 01, Grand Forks AFB, ND - Article 1l2a. You,
did, within the continental United States, between on
or about 17 Mar 01 and on or about 17 Apr 01,

wrongfully use marijuana. Reduction to the grade of
AB. (No appeal) (No mitigation)

e. Additional: LOR, 11 APR 01 - Unprofessional conduct.
LOR, 16 MAR 01 - Financial irresponsibility.
RIC, 08 APR 00 ~ Late for work on two occasions.
LOA, 18 FEB 00 - Failure to go.
RIC, 19 JAN 00 - Failure to go on two occasions.

f. CM: None.
g. Record of SV: 17 Mar 99 - 16 Nov 00 Grand Forks AFB 4 £(Initial)

(Discharged from Grand Forks AFB)

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (2) Yrs (6) Mos (26) Das
TAMS: (2) Yrs (2) Mos (25) Das
FD2002-0344

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

NO ISSUES SUBMITTED.

ATCH
1. Letter to Discharge Review Board.

20 Nov O02/cr
1 FPL002.-OF YY

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 319TH AJR REFUELING WING (AMC)
GRAND FORKS AIR FORCE BASE, NORTH DAKOTA

 

31 May 2001

MEMORANDUM FOR 319 ARW/CC

FROM: 319 ARW/JA

SUBJECT: AFI 36-3208 Discharge Legal Review - (ia age,

1. We have reviewed and found legally sufficient the attached AFI 36-3208 discharge package,
contingent upon the inclusion of a medical report clearing the respondent for separation. The
respondent is eligible for separation per AFI 36-3208, paragraph 5.54 (drug abuse), and should
be separated with a general discharge.

2. 319 SVS/CC initiated this action on 25 May 01 because the respondent willfully committed
the following offense: She did, within the continental United States, between on or about

17 Mar 01 and on or about 17 Apr 01, wrongfully use marijuana. For this misconduct, she
received an Article 15 dated 22 May 01. Punishment consisted of reduction to the grade of
airman basic. The Article 15 was placed in her existing Unfavorable Information File (UIF) on

22 May 01.

3. The respondent is subject to discharge per AFI 36-3208, paragraph 5.54 (drug abuse).
319 SVS/CC recommends a general discharge without probation and rehabilitation.

4. The respondent is 21 years old and began her first and only four-year enlistment on
17 Mar 99. She has received one EPR with an overall rating of 4. The respondent consulted
with counsel and waived her right to submit statements on her own behalf.

5. Since this is a notification case, the respondent may receive only an honorable or general _-
discharge, unless you choose to refer this case to a discharge board. The respondent's wrongful
use of marijuana is a significant negative aspect of her service record that outweighs any period

of satisfactory duty performance. <@¢i_aMasewshas proven that she cannot live up to the
standards expected of a member of the Air Force and that she should be discharged. Abuse of

drugs is defined as “illegal, wrongful, or improper use, possession, sale, transfer, or
introduction onto a military installation of any drug.” AFI 35-3208 para 5.55.2.1 outlines the 7
criteria which must be met in order to retain a member, by waiver, who abuses drugs on active
duty: 1) drug abuse is a departure from usual behavior; 2) drug abuse occurred as a result of
experimentation; 3) drug abuse does not involve recurring incidents; 4) member does not desire
or intend to engage in drug abuse again; 5) drug abuse occurred under circumstances unlikely
to occur again; 6) the member’s continued presence in the Air Force is consistent with good
order, discipline and morale; 7) drug abuse did not involve distribution. The General Court-
Martial Convening Authority is the approval authority for such waivers. In this case, no

Attorney client privilege material and/or attorney work product.
This document was prepared in direct or indirect anticipation of litigation. Not for release or transfer outside of the Air Force
without specific approval of the originator or higher authority. Not subject to discovery or release under P.L. 95-502 (5 USC 552).
re —FO2002-O3YL

waiver was requested by eaapen The unit commander would not support such a waiver,
nor do we. si@eaiemaise of marijuana is a serious offense and warrants a general
discharge. No substantive or procedural errors have materially prejudiced the respondent's

rights in this case.

6. If you determine that the allegations against the respondent support discharge and that she
should be discharged, you must decide whether or not her discharge should be suspended for a
period of probation and rehabilitation (P&R). In this case, however, P&R is not available for a
member discharged for drug abuse, per para. 7.2.6.

7. As SPCM separation authority, you may:
a. Recommend retaining the respondent by requesting a waiver from the GCM;

b. Approve the respondent's separation with a general discharge without probation and
rehabilitation;

c. Forward the case to 15 AF/CC recommending separation with an honorable discharge
without probation and rehabilitation; or

d. Direct reinitiation of the action if you determine that an under other than honorable
conditions discharge is the only appropriate service characterization in this case.

I recommend you approve the respondent's separation with a general discharge without P&R.

 

T concur.

 

MNRRANENNNAN, US

Deputy Staff Judge Advocate

Attorney client privilege material and/or attorney work product.
This document was prepared in direct or indirect anticipation of litigation. Not for release or transfer outside of the Air Force
without specific approval of the originator or higher authority. Not subject to discovery or release under P.L. 95-502 (5 USC 552).
FrIP2.002-O3 UU

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 319TH AIR REFUELING WING (AMC)
GRAND FORKS AIR FORCE BASE, NORTH DAKOTA

FROM: 319 SVS/CC

SUBJECT: Notification Letter

1. Iam 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 in accordance with 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 reason for this action is that you did, within the continental United States, between on or
about 17 Mar 01 and on or about 17 Apr 01, wrongfully use marijuana. For this misconduct, you
received an Article 15 dated 22 May 01. Punishment consisted of reduction to the grade of
airman basic. The Article 15 was placed in your existing Unfavorable Information File (UIF) on
22 May 01. (Attachment)

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 Air Force and will probably be denied enlistment in any component of the

armed forces.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
You have been scheduled an appointment at the Office of the Area Defense Counsel at Building

306, Room 321 on_2Qa Mayol at }20O hours, You may consult civilian counsel at your
own 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 _3/ (ANGI _ at 0120 hours 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 in 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 319th Medical

Group on _{ “Yun | at_(000 _ hours for the examination.
“\ FI20e02-oO3FyY

8. Deliver to me immediately your military identification card. I have requested that a temporary
identification card be issued IAW AFI 36-3001, paragraph 4.2. You will report to me by

COB AS Maw 01 , to verify that issuance of Temporary Identification Card(s) has been
accomplished,

9, Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
Privacy Act statement is attached. A copy of AFI 36-3208 is available for your use in the
squadron orderly room.

10. Execute the attached acknowledgment and return it to me immediately.

 

USAF

Commander, 319 SVS

Attachments:
1, Privacy Act Statement
2. Supporting Documents
Article 15/UIF dated 22 May 01 and supporting documents
3. Other Derogatory Data
a. LOR/UIF dated 16 Mar 01
b. LOR dated 11 Apr 00
c. RIC dated 8 Apr 00
d. LOA dated 18 Feb 00
e. RIC dated 19 Jan 00

Respondents Data
. Personnel Data

ae