AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
‘Tithe AB
T
PERSONAL APPEARANCE X RECORD REVIEW
[COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
X

 

 

 

VOTE OF THE BOARD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBERS SITTING HON GEN UOTAC OTHER DENY
xX
x
xX
X
L a i _
xX
ISSUES INDEX NUMBER | EXHIBITS: SUBMITTED TO THE BOARD
AO1.00, A95.00 A66.00 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
11 Apr 03 FD2002-0434 COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

APPLICANT'S ISSUE AND THE BOARD’S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

REMARKS
Case heard at Washington, D.C.

f

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.

 

 

akin OF RECORDER fi-r7 “ f 7? | SIGNAILRE OF BOARD PRESIDENT

 

 

 

 

 

INDORSEMENT DATE: 11 APR 03
TO: ——— FROM: ~—
SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH ALB, 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 FD2001-0434

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.

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

FINDINGS: Upgrade of 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 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. The records
indicated the applicant received one Article 15 for misconduct. The misconduct included unlawful
use of marijuana on divers occasions. The DRB opined that drug abuse is not compatible with
military service. The Board concluded the misconduct was a significant departure from conduct
expected of all military members. The characterization of the discharge received by the applicant was

found to be appropriate.

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:
Examiner's Brief
FD2002-0434
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

1. MATTER UNDER REVIEW: Appl rec’d a GEN@§Mfr USAF 18 JAN 01 UP AFI 36-
3208, para 5.54 (Misconduct - Drug Abuse). ‘Appeals for Honorable Discharge.

2. BACKGROUND:

a. DOB: 16 Dec 79. Enlmt Age: 17 10/12. Disch Age: 21 1/12. Educ: HS DIPL.
AFOT: N/A. A-90, E-43, G-44, M-68. PAFSC: 2A651A - Aerospace Propulsion
Journeyman. DAS: 24 Nov 98.

b. Prior Sv: (1) AFRes 24 Oct 97 - 7 Jul 98 (8 months 14 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 8 Jul 98 for 6 yrs. Svd: 2 Yrs 6 Mos 11 Das, all AMS.

b. Grade Status: AB - 4 Dec 00 (Article 15, 4 Dec 00)
A1C + 22 Aug 98

c. Time Lost: None.

d. Art 15’s: (1) 4 Dec 00, Dover AFB, DE - Article 11l2a. You did,
within the continental United States, between on or
about 1 Oct 00, and on or about 13 Oct 00, wrongfully
use marijuana. Reduction to AB, 10 days restriction,
and 20 days extra duty. (No appeal) (No mitigation)

e. Additional: None.

£. CM: None.

g. Record of SV: 8 Jul 98 - 15 Jan 00 Dover AFB 5S (HAF Dir)
(Discharged from Dover AFB)

h. Awards & Decs: AFTR, AFOUA.

i. Stmt of Sv: TMS: (3) Yrs (2) Mos (26) Das
TAMS: (2) Yrs (6) Mos (11) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 6 Oct 02.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED.
FD2002-0434

ATCH
None.

21JAN03/ia
2 @ Fpze7z-oF5¢

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 436TH AIRLIFT WING (AMC)

 

3 Jan OL

MEMORANDUM FOR

FROM: 436 CRS/CC

SUBJECT: Notification Memorandum

1. [am 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 you are discharged,
your discharge 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 between on or about 1 October 2000 and on or about

13 October 2000, you wrongfully used a controlled substance, specifically marijuana. For this
misconduct you received an Article 15 on 4 December 2000. 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
any special pay, bonus, or education assistance funds may be subject to recoupment.

3. You have the right to consult counsel. Military legal counsel has been obtained to assist you.

Ihave made an appointment for you to consult wit} Qi, Dover AFB Area Defense
Counsel, at Bldg. 263, Room 313, 677-6995, on 3 January 2001 at 0930. You may consult
civilian counsel at your own expense.

4. You have the right to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me by_# SAa/ O/ (3 duty days) unless you
request and receive an extension for good cause shown. I will send them to the separation "e

authority.

5. 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.

6. You have been scheduled for a medical examination on 5 January 2001 at 0845 in building

305, Flight Medicine, Your appointment will be with iis Report to the Flight Surgeons
office 1 hour prior to this appointment to fill out the proper documents. If you have any

questions or need to reschedule this appointment, please call [i e..
7. 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.

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

 

Attachments:
1. Supporting Documents:

a. AF Form 3070, Nonjudicial Punishment Action w/atchs, dated 4 December 2000
b. AF Form 1168, Statement of Suspect, dated 30 October 2000
c. Urinalysis Results, dated'20 October 2000
d. DD Form 2624, Specimen Custody Document, dated 13 October 2000
2. Airman’s Receipt of Notification Memorandum