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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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

AlC AR

 

 

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

MEMBERS SITTING HON GEN, UOTHC | OTHER DENY ~~

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

ISSUES INDEX NUMBER Au
A93.17, A92.21, A92.37 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
03-05-21 FD2002-0454 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

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.

 

       

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

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 | y-p2999-0494

GENERAL: The applicant appeals for upgrade of discharge to under honorable conditions (general).

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

The attached brief contains 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 applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for misconduct, drug abuse. Member provided a signed sworn statement
to the Air Force Office of Special Investigations in which he admitted using crystal-methamphetamine (also
known as “crank”) over a 5-month period while on active duty in the Air Force. In this same statement,
member also admitted using marijuana over a 1-year period while on active duty. Member’s submission of
a conditional waiver of his right to an administrative discharge board in return for a general discharge was
denied. He met an administrative discharge board that determined he did commit the admitted drug abuse
and should receive an under other than honorable conditions discharge, which he did. Applicant admits he
made a stupid mistake years ago and it has been tough getting his life back together. Applicant also notes
potential future employment options are adversely affected by his characterization of discharge. Because
the member received an administrative discharge, not a punitive discharge, the Board must find an inequity
or impropriety on which to base an upgrade; clemency is not available as a reason for upgrading an
administrative discharge. The Board noted that member’s repeated drug abuse over a lengthy period of
time was serious misconduct and was not compatible with Air Force standards. The Air Force’s drug
policy was well publicized and all members were continually made aware that illegal drug use was not
tolerated. The Board finds the discharge proper.

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
FD2002-0494

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ee (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec'd a UOTH Disch fr USAF 4 Jan 88 UP AFR 39-10,
para 5-49c (Misconduct - Commission of a Serious Offense - Drug Abuse). Appeals
for General Disch.

2. BACKGROUND:

a. DOB: 6 Jan 66. Enlmt Age: 19 4/12. Disch Age: 21 11/12. Educ: HS DIPL.
AFQT: N/A. A-74, E-72, G-59, M-78. PAFSC: 57150 - Fire Protection Specialist.
DAS: 5 Jan 86.

b. Prior Sv: (1) AFRes 14 May 85 - 2 Sep 85 (3 months 20 daya) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 3 Sep 85 for 4 yrs. Svd: 2 Yrs 4 Mos 1 Das, of which AMS
is 2 yrs 4 months 15 days(excludes 16 days lost time).

b. Grade Status: Aic - 5 Jan 87
AMN - 1 Mar 86

c. Time Lost: 18 Dec 87 thru 3 Jan 88 (16 days).

d. Art 15’s: None. |

e. Additional: Traffic Ticket, 21 MAR 86 - Speeding.
£. CM: None.

g. Record of SV: 3 Sep 85 ~ 2 Sep 86 Edwards AFB 7 (Annual)
3 Sep 86 - 2 Sep 87 Edwards AFB 6 (Annual) REF

(Discharged from Edwards AFB)
h. Awards & Decs: AFOUA, AFTR.

i. Stmt of Sv: TMS: (2) Yrs (7) Mos (6) Das
TAMS: (2) Yrs (3) Mos (15) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 18 Nove 02.
(Change Discharge to General)

Issue 1: On 4 Jan. 1988 I recieved (sic) an other than Honorable Discharge
from the Air Force. Since then I have tried to get my life straightened out.
I've entered drug rehabilation (sic) programs as Inpatient at ---- Center of
FD2002+0494

Cooledge Arizona. I gave it a chance to help but all the staff wanted to do was
subitute (sic) one addictive drug for the one I was hooked on. Consequently I
left the program before I was supposed to do so. I started attending V.A.
Meetings on a regular schedule. Again I found that I could not continue because
pushers used to wait for us after the meeting. I finally made a tough decision,
I decided to go "Cold Turkey." That was over 5 years ago, today I'm clean and
have had no brushes with the law as my arrest record and my driver's record will
show. It's been tough getting my life together after making a stupid mistake
years ago. Whether I get any assistance from you or not, I think I made the
right decision 5 years ago and its been worth it. I've found that with a bad
discharge from the service I can't get a decent employment offer. So I am
asking that you may reconsider my seperation (sic) and strike out the reference
to drug related seperation (sic) to honorable. Any consideration by you would
be deeply appreciated.

ATCH

1. Supplemental Information.
2. Pergonal Information.

18JAN03/ia
“4 OO

DEPARTMENT OF ‘THE AIR FORCE
6SIOTH CIVIL ENGINEERING SQUADRON (AFSC]

EDWARDS AIR FORCE BASE, CALIFORNIA 93523

 

REPLY TO 80 SEP 1987

_ ATTN OF: cc

suasect: Letter of Notification Board Hearing

" TO:

6510th Civil Engineering Squadron

1. I am recommending your discharge from the United States Air Force for drug
abuse. The authority for this action is AFR 39-10, paragraph 5-49c. Copies
of the documents to be forwarded to the separations authority to support this
recommendation are attached.

2. My reasons for this action are:

a. Use and possession of a controlled subtance. (14 July 87)
Investigation revealed that while a member of the United States Air Force
during your current enlistment, you used “crank” (amphetamines) and marijuana
on numerous occasions. (Atch 1) -_

3. Copies of the documents to be forwarded to the separation authority in
support of this recommendation are attached. The Commander exerising SPCM
jurisdiction or higher authority will decide whether you will be discharged or

retained in the Air Force.

4. This action could result in your separation with an other than honorable
discharge. I am recommending that you receive an other than honorable
discharge. The commander exercising SPCM jurisdiction or a higher authority
Will make the final decision in this matter. If you are discharged, you will
be ineligible for reenlistment in the Air Force.

5. You have the right to:
a. Consult Legal Counsel.
b. Present your case to an administrative discharge board.
c. Be represented by legal counsel at a board hearing.

d. Submit statements in your own behalf in addition to, or in lieu of,
the board hearing.

e. Waive the above rights. You must consult legal counsel before making
a decision to waive any of your rights.
Pr 2072- OP

\

6. You have been scheduled for a medical examination. You must report to the
flight surgeons office at gf? O on 2OctS7

7. Military legal counse] ,OQUgWRIRRMMM, Bldg 3700, extension 72809,

has been obtained to as nae you. An appointment has been scheduled for you to
consult him on | Oct OTF0 Ars s . Instead of the appointed counsel,

you may have another, if ne lawyer you request is in the active military
service and is reasonably available as determined according to AFM 111-1. In

addition to military counsel, you have the right to employ civilian counsel.
The Air Force does not pay expenses incident to the employment of civilian
counsel. Civilian counsel, if employed, must be readily available.

8. Confer with your counsel and reply, in writing within 7 workdays,
specifying the rights you choose to exercise. The statement must be signed in
the presence of your counsel who also will sign it. If you waive your right
to a hearing before and an administrative discharge board, you may submit
written statements in your own behalf. I will send the statements to the
discharge authority with the case file to be considered with this
recommendation. If you fail to respond, your failure will constitute a waiver

of the right to the board hearing.

9. Any personal information you furnish in rebuttal is covered by the Privacy
Act Statement as explained in AFR 39-10, attachment 2. A copy of AFR 39-10 is -
available for your use in the Squadron Orderly Room.

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

  

2 Atch
1. OSI Investigation
2. Airman's Acknowlegement

 

Squadron Section Commander