AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

   

 

TYPE
GEN X PERSONAL APPEARANCE
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION

 

 

 

4 i

 

 

MEMBERS SITTING

         
  

ISSUES

A93.01, A93.09, A92.21

INDEX NUMBER

A66.00

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

  
  

 

HEARING DATE

03-04-10

CASE NUMBER

FD2002-0360

   

APPLICANT SISUE
| bi

REMARKS

 

Case heard at Washington, D.C.

SIGNATURE OF com

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

 

TXTHE BOARD'S DECISIONAL RATIONAL ‘ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

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

SIGNATURE OF BOARD PRESIDENT

 

 

GRADE AFSN/SSAN

 

RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

DISABLED AMERICAN VETERANS

 

 

 

 

 

 

 

 

 

VOTE OF THE BOARD
HON GEN VOTHC OTHER DENY
».¢
. X
x
* X
XxX

 

 

 

 

 

EXHIBITS SUBMITTED TO:THE BOARD
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

   
   
 
 
 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

DATE: 03-04-14

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

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 —
FD2002-0360

GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the reason and
authority for discharge.

        

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel at Andrews
AFB, MD on April 10, 2003.

    
  
  

The following additional exhibits were submitted at the hearing:
Exhibit 6: Character Letter from Spouse dated April 9, 2003
Exhibit 7: Eight Character Letters from Co-Workers and Supervisors

Exhibit 8: Notarized PlanetGov Corporation Top Secret Clearance Certification dated April 7, 2003
Exhibit 9: Negative Drug Screen Results dated April 7, 2003

Exhibit 10: Cisco Certified Network Professional Certificate

 
   
   
     
    

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge. The applicant's issues are also listed in the attached brief.

  
 

FINDINGS: Upgrade of discharge and change of reason for the discharge are denied.

  
   

  

The Board finds that neither the evidence of record or that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

  
   

  

Issues. Applicant infers discharge was inequitable because it was too harsh based on isolated experimental
behavior that was out of character for him. Applicant further highlighted that he was suffering from
dysthymia, which could have negatively impacted his judgment, although he conceded he still knew right
from wrong. He also notes his performance was otherwise excellent and he continued to be a hard worker
even after his misconduct came to light. The records indicated the applicant received an Article 15 for drug
abuse. Specifically he used marijuana twice over a short period, as attested to in a signed swom witness
statement provided to the Air Force Office of Special Investigations, and when member also subsequently
admitted under oath and in a signed sworn statement that he had used it twice. At the time of his discharge,
member consulted counsel and submitted statements in his own behalf requesting an honorable separation.
Applicant does not deny his illegal drug use and possession, but attributes his misconduct to youth,
immaturity, and a lapse in judgment, possibly resulting from his depression. He admitted to using the drugs
on base in his dormitory, and to purchasing illegal drugs to provide to another military member. The Board
concluded the misconduct was a significant departure from conduct expected of all military members, and
the seriousness of drug abuse outweighs his otherwise satisfactory service. Furthermore, member knew
illegal drug use was incompatible with Air Force standards, but chose to ignore those standards. The Board
found the characterization of the discharge received by the applicant was appropriate.

 
   
     
   
   
   
   
   
   
   
   
   
   
   
     
 

Applicant also noted that his post-service character has improved, and he feels that now warrants an
honorable characterization of service, and that he shouldn’t have to continue to pay for his past mistakes
forever. He noted he has been gainfully employed and pursuing more education, as well as having gotten
married. Nevertheless, applicant’s successes since his separation are not relevant to the period of service
under review, are insufficient grounds to overcome the factors leading to his discharge, and do not provide a
basis for an upgrade.

 
   
     
     
    

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

  
 
   
 

  

Attachment:
Examiner's Brief
FD2002-0360
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

- 864 (Former A1C) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 11 Sep 01 UP AFI 36-
3208, para 5.54 (Misconduct ~ Drug Abuse). Appeals for Honorable Discharge and
Change the Reason for Discharge. ,

a. BACKGROUND:

a. DOB: 05 Jun 79. Enlmt Age: 18 8/12. Disch Age: 22 3/12. Educ: HS DIPL.
AFQT: N/A. A-83, E-90, G-94, M-78. PAFSC: 2E251 - Electronic Computer &
Switching Systems Journeyman. DAS: 17 Dec 00.

b. Prior Sv: (1) AFRes 09 Feb 98 - 19 May 98 (3 months 11 days) (Inactive) .
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 20 May 98 for 4 yrs. Svd: 03 Yrs 03 Mo 23 Das, all AMS.

b. Grade Status: Al1C - 17 Aug 01 (Article 15, 17 Aug 01)
SRA - 20 Nov 00
Alc - 20 Sep 99
AMN - Unknown

c. Time Lost: None.

d. Art 15’s: (1) 17 Aug 01, Shaw AFB, SC - Article 112a. You did, at or
near Amsterdam, Holland, between on or about 11 Jan 99
and on or about 17 Dec 00, wrongfully use marijuana.
You, did, at or near Suffolk County, United Kingdom,
between on or about 11 Jan 99 and on or about 17 Dec
00, wrongfully use marijuana. Reduction to AiC, and 30
days extra duty. (No appeal) (No mitigation)

e. Additional: None.
f. CM: None.

g. Record of SV: 20 May 98 - 19 Jan 00 RAF Lakenheath 5 (Initial)
20 Jan 00 - 21 Nov 00 RAF Lakenheath 5 (CRO)

(Discharged from Shaw AFB)
h. Awards & Decs: AFAM W/1 DEV, AFTR, AFOUA, AFGCM.

i. Stmt of Sv: TMS: (03) Yrs (07) Mos (03) Das
TAMS: (03) Yrs (03) Mos (23) Das
FD2002-0360

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02 Aug 01.
(Upgrade Discharge to Honorable and Change Reason for Discharge)

NO ISSUES SUBMITTED.

ATCH
1. Thank you letter to SAF/MRBR.

27Nov02/ia
Oct 22 O02 OS9:44a 20 FW/JIAM Shaw AFB SC (303)

895-3735 P.
FRAPR-O 3GQ

_EPARTMENT OF THE AIR F< CE

ae. 20th FIGHTER WING (ACC)
SHAW AIR FORCE BASE, SOUTH CAROLINA

 

. 04 SEP 2001
MEMORANDUM FOR 20 FW/CC

FROM: 20 FW/JA

_ SUBJECT: Legal Review of AFI 36-3208 Action Ines FR SEE

1. Basis ction: The Commander, 20" Communications Squadron, has recommended that
Al e separated from the service with a general discharge for drug abuse, under the

provisions of AFI 36-3208, section H, paragraph 5.54. The Respondent is being processed according to
the notification procedure.

2. Facts: My reason for this action is that between on or about 11 Jan 99 and on or about 17 Dec 00, the
Respondent wrongfully used marijuana at or near Amsterdam, Holland and at or near Suffolk County,

United Kingdom. Punishment consisted of a reduction to the grade of Airman First Class and 30 days
exira duty.

 

3. Respondent's Submission: After consulting with counsel, the Respondent elected to submit matters for
your consideration. In a two-page statement the Respondent requests an honorable discharge. The
Respondent’s submissions are attached al Tab 7.

4. Errors and hregularities: This file contains no errors or irregularities.

5. Conclusions: _

a. Subject to inclusion of the report of physical examination, this file is legally sufficient to
support a discharge, pursuant to AFI 36-3208, paragraph 5.54. The Respondent wrongfully used
Manjuana, The Respondent’s misconduct is clearly disruptive to the maintenance of good order and
discipline on this installation. Thus, the Air Force would be best served by his immediate discharge.

b. A member found to have abused drugs will be discharged unless the member meets seven
retention criteria set forth in AFI 36-3208, paragraph 5.55.2. In this case, the Respondent is unable to
demonstrate these retention criteria and has made no effort to do so. Specifically, the Respondent has
used marijuana on more than one occasion, which is strong evidence this was not just experimentation.
Accordingly, he should be discharged.

c. The Respondent could receive an honorable, general, or an under other than honorable
conditions (UOTHC) discharge. The commander has recommended the Respondent receive a general
discharge. I concur with this recommendation. According to the criteria set forth in AFI 36-3208, a
general discharge is appropriate when the significant negative aspects of a member's service outweigh the
positive. In this case, the Respondent’s wrongful use of marijuana constitutes a significant negative

aspect that outweighs the positive aspects of his career. As a result, a general service characterization is
appropriate,

d. Because the Respondent is being discharged for drug abuse, he is ineligible for Probation and
Rehabilitation (P&R) under AFI 36-3208, para. 7.2.6.

Global Power For America

3
QOet 22 07 O9:44a 20 FUCIJIAM Shaw AFB SC (803) 895-3735
+ ps4

F°0.2002-OBED
6. Options: As the Special Court-Martial Convening Authority in this case, you may: |
a. Retain the Respondent in the Air Force;
b. Direct the Respondent be discharged with a general discharge, with or without P&R;

c, Recommend the Respondent be discharged with an honorable discharge, with or without P&R,
and forward this case to the General Court-Martial Convening Authority (9 AF/CC) for his action; or

da. Direct this case be reinitiated pursuant to the board hearing procedures of AFI 36-3208,
. chapter 6, section C, if you feel a discharge under other than honorable conditions is warranted.

7. Recommendation: I recommend you discharge the Respondent with a genera] discharge, without
PER.

 

Attachment:
Case File
oe |
“PARTMENT OF THE AIR K.. se. 1 V2282 -O560

20th FIGHTER WING (ACC) |
SHAW AIR FORCE BASE, SOUTH CAROLINA

 

MEMORANDUM FOR A 1 Gatti er 27 AUG 200!

FROM: 20 CS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for drug abuse, under the
provisions of AFPD 36-32Military Retirements and Separations and AFI 36-3208, Administrative
Separation of Airmen chapter 5, section H, paragraph 5.54. If my recommendation is approved, your
service will be characterized as either honorable or general. I am recommending that your service be
characterized as general.

2. My reason for this action is that between on or about 11 Jan 99 and on or about 17 Dec 00, you
wrongfully used marijuana at or near Amsterdam, Holland and at or near Suffolk County, United
Kingdom. Punishment consisted of a reduction to the grade of Airman First Class and 30 days extra duty.

3. Copies of the documents to be forwarded to the separation authority in support of this recommendation
are attached. The commander 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 will probably not be allowed to enlist in any other branch of the armed services.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you. I have
made an appointment for you to consul iene 2 Defense Counsel, 895-9530, on
Zp Aug 01, at 99¢0 hours. You may cofisult 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 within three days after recerpt of the notification memorandum,
unless you request and receive an extension for good cause shown. I will send them to the separation
authority.

6. Ifyou 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 must report, in uniform, to the Shaw AFB Hospital, Physical Examinations Section, between the
hours of 1100 — 1300, Mon — Thur, for a medical examination.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A copy of
AFT 36-3208 is available for your use in the orderly room.

9, The Air Force is entitled to recoup a portion of educational assistance, special pay, or bonus monies
which you received, if any, if you separate before completing the period of active duty you agreed to
serve. This recoupment applies whether you voluntarily separate or are involuntarily separated.
Recoupment will apply regardless of the basis for involuntary discharge if the reason is not homosexual
conduct. The recoupment in all cases is an amount that bears the same ratio to the total cost provided to
you as the unserved portion of active duty bears to the total period of active duty you agreed to serve. If
you dispute that you are indebted for educational assistance, a board or other authority will make findings
and recommendations concerning the validity of the indebtedness.

Global Power For America
PY 2902-02 Sb

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

 

2 Attachments:
1. AF Form 3070, 12 Apr 01, w/Atchs
2. Respondent’s Receipt of Notification (Tab 5)