I AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
ed SRA

TYPE

GEN PERSONAL APPEARANCE | X RECORD REVIEW

COUNSEL : NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

YES NO

x
ve , VOTE OF THE BOARD leh
MEMBERS SITTING HON OTHER

  

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ss }SUBMITTED TO THE BOARD :))85 055) 363,
A94.53 A66.00 1 | ORDER APPOINTING THE BOARD

ISSUES INDEX NUMBER

 

2 | APPLICATION FOR REVIEW OF DISCHARGE

 

 

3 | LETTER OF NOTIFICATION

 

 

 

 

|

| HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

a: m, |

03-04-30 FD2002-0522 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 DECISIONAE RATIONAL ARE DISCUSSED ON THE ATTACHED AIR: FORE E DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel.

DD Form 149 submitted. The case will be forwarded to the AFBCMR for further processing.

 

 

 
  

SIGNATURE OF RECORQ ERS a
:
TO: aa

   

 

SAF/MIBR SECRETARY OF THE AJR 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.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | yp902-9522

GENERAL: The applicant appeals for upgrade of discharge to honorable.

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 commission of a serious offense, namely drug abuse. Member had a
commander-directed urinalysis that came back positive for the presence of cocaine above the DoD cut-off
level. Furthermore, applicant was a noncommissioned officer at the time of this misconduct. Member had
other misconduct such as failing to pay his rent on time, failing to pay his NCO club bill, disrespect to a
senior noncommissioned officer, conduct unbecoming a noncommissioned officer, making a suicidal
gesture for which he had to be air evacuated to Wilford Hall Medical Center for in-patient treatment, and he
had a second urinalysis positive for amphetamine and methamphetamine. For these incidents, member had
several Letters of Counseling and Reprimand, and an Unfavorable Information File. During this period of
service, member made statements that he didn’t care about the Air Force, wouldn’t take his Weighted
Airman Promotion System test, and would write his own discharge if the Air Force didn’t give him a
discharge. During his mental health treatment, he stated the cocaine incident was purposeful to cause his
discharge and he would do anything to achieve a discharge, even if it was dishonorable. He felt his duties
as a military cook were demeaning. Member was diagnosed as having phase of life and occupational
problems, and a personality disorder not otherwise specified, with anti-social and narcissistic traits. A
prompt administrative separation was recommended. At the time of the discharge member consulted
counsel and waived his right to submit statements in his own behalf. Additionally, the Air Force’s drug
policy was well publicized and members were continually made aware that illegal drug use was not
tolerated. The Board noted that drug abuse is not compatible with Air Force standards; the seriousness of
member’s misconduct and record of other misconduct warrant the characterization of service he received.
The Board could find no wrongful action by the Air Force and concludes the discharge was 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
FD2002-0522
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

Git (Former SRA) (HGH SRA)

1, MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 1 Nov 88 UP AFR 39-10,
para 5-49c (Misconduct - Commission of a Serious Offense - Drug Abuse). Appeals
for Honorable Discharge.

2. BACKGROUND:

a. DOB: 17 Mar 63. Enlmt Age: 20 5/12. Disch Age: 25 7/12. Educ: HS DIPL.
AFOT: N/A. A-45, 8-54, G-41, M-91. PAFSC: 62350 - Services Specialist.
DAS: 30 Jul 87.

b. Prior Sv: (1) AFRes 30 Aug 83 - 10 May 84 (8 months 11 days) (Inactive).

(2) Enlisted as Amn 11 May 84 for 4 yrs. Svd: 3 yrs 6 mos 8
das, all AMS. AI1C + 11 Dec 84. SrA - 11 Apr 87. APRs: 8,8,8,9.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SrA 20 Nov 87 for 4 yrs. Svd: 0 Yrs 11 Mos 12 Das, all
AMS.

b. Grade Status: SRA ~ 19 Sep 88 (AF Form 418, Vacation of NCO status)
SGT - Unknown

c. Time Lost: None.
d. Art 15’s: None.

e, Additional: LOC, 24 AUG 88 - Conduct unbecoming an NCO.

LOR, 01 AUG 88 - Conduct unbecoming, drunk and disorderly,
insubordinate, and operating a POV without
insurance.

LOR, 06 JUL 88 - Disrespect to an NCO.

RIC, 15 MAR 88 - Financial irresponsibility.

RIC, 17 NOV 87 - Financial irresponsibility.

£. CM: None.

g. Record of SV: 20 Apr 87 - 19 Apr 88 Luke AFB 9 = (Annual)
(Discharged from Luke AFB)

h. Awards & Decs: AFAM, AFOUA, AFGCM, AFOSSTR, AFLSAR, AFTR.

i. Stmt of Sv: TMS: (5) Yrs (2) Mos (3) Das
TAMS: (4) Yrs (5) Mos (21) Das
FD2002-0522

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 27 Nov 02.
(Change Discharge to Honorable)

Issue 1: Requesting DD214 correction Block 12a: Should read 05 May 84. I'm
currently unable to obtain "Certificate of Eligability (sic) for FHA. I would
like copy 4 members copy of discharge.

Issue 2: Requesting discharge be upgraded from general to Honorable as
noted in attachment. Requesting #28 on DD214 not be listed.

ATCH

1. DD Form 149.
2. DD Form 214.

3. Letter to Board, 18 Nov 02.

27FEBRO3/ia
PD 228 2-7:
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 832D COMBAT SUPPORT GROUP (TAC)
LUKE AIR FORCE BASE, AZ 85309-5000

 

ATTH OF:
832 SvS/cc 20 Oct. 88

Notification Letter

° srs Sn

832 SVS

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.
If my recommendation is approved, your service will be characterized as a
general discharge.

‘2. My reasons for this action are: On 21 July 1988 you underwent a
command~directed urinalysis test. A positive result for cocaine was
received (notification letter undated). On 17 November 1987 you received
a letter of counselling for failure to pay your rent on time. On 15 March
1988 you failed to pay your NCO club bill, as a rasulet you received a
Letter of Counselling. On 5 July 1988 you were disrespectful to a Senior
Noncommissioned Officer, as a result you received a Letter of Reprimand on
6 July 1988. On 21 July 1988 you conducted yourself in a manner unbecoming
an noncommissioned officer, as a result you received a letter of reprimand
on 1 August 1988. On 24 August 1988 you received a Letter of Counselling
with UIF entry for your negative comments toward the Air Force. Your NCO
status was vacated on 19 Sept 88. On 31 Aug 88 you made a suicidal
gesture by taking an overdose of medication, 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. If you are discharged, you will be ineligible for reenlistment
in the Air Force.

   

3. You have the right to consult counsel. Military legal counsel has
been obtained to assist Yous I have made an appointment for you to
consult at 5 a TO ON LBS” err ge & - ;

   

 
  

‘'« You may consult civilian counsel at your own ‘a

en ee rma ee en

 

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 Q5oct 83
unless you request and receive an extension for good cause shown. T will

send them to the separation authority.

Readiness is OW Profession
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. You must report
report topiKe Ibsy “at yo on 2°" Hat Fy for the
examination,

7. Any personal information you furnish in rebuttal is covered by the

Privacy Act Statement as explained in AFR 39-10, attachment 6. A copy of
AFR 39-10 is available for your use in your unit orderly room.

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

  

9 Atch

aces Sq 1. Urinalysis Test Report (Undated)

2. AF Form 2731 ~ Notification of
Drug or Alcohol Abuse,

3. Letter of Counseling, dtd 17 Nov
87

4, Letter of Counseling, dtd 15 Mar
88

5. Letter of Reprimand, dtd 6 Jul 88

6. Letter of Reprimand, dtd 1 Aug 88

7. Letter of Reprimand, dtd 24 Aug
88 w/ULF Entry

8. AF Form 418, Vacation of NCO
Status, 19 Sept 88

9. DD Form 1569, Incident Complaint
Report, dtd 14 Sept 88