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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN “|
AIC
PERSONAL APPEARANCE X RECORD REVIEW
"COUNSEL 777] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
xX
a as nr a!
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
X
xX
xX
xX
x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED TO THE BOARD
A94.05 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
10 APR 03 FD2002-0440 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
i TAPE RECORDING OF PERSONAL APPERANCE HEARING
—— |

 

 

 

 

 

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APPLICANT'SISSUE:AND THE BOARD'S. DEGISIONAL RATIONAL ARE, DISCUSSED ON:THE.ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

REMARKS
Case heard at Washington, D.C.

age of

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

 

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SIGNATURE OF RECORDER SIGNATURE OF BOARD PRESIDED

  
   

 

INDORSEMENT ree DATE: 10 APR.03

  

 

 

[mS — 7
SAF/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.

en,
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

FD02-0440

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 discharge is denied.

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

ISSUE: Applicant contends that his discharge was improper because it was based on a past incident that
was proved to be a wrong place wrong time situation. The record indicates the applicant received an Article
15 for wrongfully using marijuana. 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. The Board found no evidence of any inequity or impropriety on which to
base a decision to upgrade the 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
FD2002-0440
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
MISSING MEDICAL RECORDS

(Former ALC) (HGH SRA)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 12 Apr 02 UP AFI 36-
3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 1 Sep 78. Enlmt Age: 19 5/12. Disch Age: 23 7/12. Educ: HS DIPL.
AFQOT: N/A. A-61, E-46, G-42, M-30. PAFSC: 3P051 - Security Forces Journeyman.
DAS: 27 Jul 98.

b. Prior Sv: (1) AFRes 5 Feb 98 - 24 Feb 98 (20 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 25 Feb 98 for 4 yrs. Svd: 4 Yrs 1 Mo 19 Das, all AMS.

b. Grade Status: A1C - 27 Feb 02 (Article 15, 27 Feb 02)
‘ SRA - 25 Feb 01
Alc - 25 Jun 99
AMN - 25 Aug 98

c. Time Lost: None.

d. Art 15’s: (1) 27 Feb 02, Minot AFB, ND - Article 112a. You, did, in
the continental United States, between on or about 9 Dec
01 and on or about 9 Jan 02, wrongfully use marijuana.
Reduction to the grade of AlC, forfeiture of $200.00 pay
per month for 2 months, and 14 days extra duty. (Appeal
denied) (No mitigation)

e. Additional: None.

£. CM: None.

g. Record of SV: 25 Feb 98 - 24 Oct 99 Minot AFB 5 (Initial)
25 Oct 99 - 5 Sep 00 Minot AFB 5 (CRO)
06 Sep 00 - 5 Sep 01 Minot AFB 5 = (Annual)

(Discharged from Minot AFB)

h. Awards & Decs: AFTR, AFLSA, AFGCM, AFOUA, FPB.
FD2002-0440

i, Stmt of Sv: TMS: (4) Yrs (2) Mos (8) Das
TAMS: (4) Yrs (1) Mos (19) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 9 OCT 02,
(Change Discharge to Honorable)

Issue: I feel my discharge was inappropriate and wag not reviewed
carefully. If my records were reviewed correctly and my situation was not based
on a past incident that was proved to be a wrong place wrong time situation; I
feel that my discharge would have been decided diffently (sic). Line 13 on my

DD Form 214 says it all.

ATCH
1. DD Form 214.

28 Jan 03/er
PARTMENT OF THE AIR FOR.) £2002- Ovy D
HEADQUARTERS 5TH BOMB WING (ACC)
MINOT AIR FORCE BASE, NORTH DAKOTA

 

MAR 2 2002

MEMORANDUM FOF a, ; SFS

FROM: 5 SFS/CC
SUBJECT: Letter of Notification - AF] 36-3208, Paragraph 5.54.

1. | am recommending your discharge from the United States Air Force for misconduct,
specifically, drug abuse. The authority for this action is AFPD 36-32, Military Retirements
and Separations, 14 Jul 93, and AFI 36-3208, Administrative Separation of Airman,
14 Oct 94, Chapter 5, Section H, Paragraph 5.54. If my recommendation is approved,
your discharge will be characterized as general or honorable. | am recommending that

your service be characterized as general.

2. My reason for this action is: You did, in the continental United States, between on or
about 9 Dec 01 and on or about 9 Jan 02, wrongfully use marijuana. You were
punished under Article 15 of the UCMJ on 27 Feb 02 and an Unfavorable Information
File was established. (Atch 3)

3. The Letter of Notification with attachments will be forwarded to the separation
authority in support of this recommendation. The Commander exercising SPCM
jurisdiction (6 BW/CC) 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.

4. You have the right to consult counsel. Military legal counsel has been obtained to
assist you. | have made an appointment for you to 0S ean,
the Area Defense Counsel, at 300 Summit Drive, Room 306A, "et*!500 hours on

25 MAR 2002. You may consult civilian legal 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 [400 hours on 27 MAR
2002, unless you request and receive an extension for good cause shown. | will then
send them to the separation authority.

6. If you fail to consult legal 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 5th

Medical Group Hospital, 10 Missile Avenue, Minot AFB, ND, at 6700 hours on 25 MAQ
2002, for the examination. You must not drink alcoholic beverages 72 hours prior to the
exam.

Global Power for America
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8. 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.

9. Execute the attached acknowledgment and Statement of Understanding and return
them to me immediately.

 

Attachments:
1. Receipt of Letter of Notification
2. Statement of Understanding

3. AF FM 3070, Record of Nonjudical Punishment Proceedings, 18 Mar 02