AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
tie, AMN __ | gE
TYPE
X PERSONAL APPEARANCE RECORD REVIEW
| COUNSEL oe NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
X

 

 

" VOTE OF THE BOARD:

      

GEN | vornc OTHER

MEMBERS SITTING

 

 

 

 

 

 

 

 

 

 

INDEX NUMBER

 

: _ EXHIBITS SUBMITTED TO THE BO:
ORDER APPOINTING THE BOARD

       
  
    
  
   
    
 

ISSUES

 

 

 

 

 

 

 

 

 

   

 

A94.05 A66.00 1
2 | APPLICATION FOR REVIEW OF DISCHARGE ~~)
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
4 JUN 03 FD2002-0005 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
"APPLICANT SISSUE'AND THE BOARD’S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AJR FORCE DISCHARGE REVIEW BOARD DECISIONAL: FALE
Le ee . ag UREN OB ae
ye : ne ; une lo
REMARKS

Case heard at Scott AFB, Illinois.

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

 

SIGNATURE OF BOARD PRESIDENT

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH APB, 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 FD2002-0005

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Scott
AFB, IL on June 2, 2003. The following additional exhibits were submitted at the hearing:

Exhibit 5: Applicant’s contentions.
Exhibit 6: Applicant’s transcripts
Exhibit 7: Character Reference Letter
Exhibit 8: Resume

The attached brief contains available pertinent data on the applicant and the factors Jeading to the discharge.
FINDINGS: Upgrade of discharge to Honorable is denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
impropriety or an inequity that would justify upgrade of the discharge.

ISSUES: The applicant was discharged with a General Discharge for misconduct and, more specifically,
drug abuse. Member received an Article 15 for use of marijuana, a Schedule I controlled substance. After
being served with notice of the discharge the applicant neglected to submit statements or consult counsel.
Applicant now states that he would like a honorable discharge because he realizes the error in judgment and
regrets it to this day. The DRB, however, could discern no evidence of impropriety in the processing of his
discharge case. Nor was there any other indication of an inequity of any sort. The DRB concluded that the

characterization of the applicant’s discharge was appropriate given the nature of the applicant’s misconduct.

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.

Attachment:
| Examiner's Brief
FD2002-0005
DEPARTMENT OF THE AIR FORCE
ATR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AMN) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 00/09/01 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 78/07/16. Enlmt Age: 19 8/12. Disch Age: 22 1/12. Educ:HS DIPL.
AFOT: N/A. A-80, E-73, G-74, M-44. PAFSC: 1C451 - Tactical Air Command
Specialist. DAS: 98/12/16.
b. Prior Sv: (1) AFRes 98/04/14 - 98/05/05 (22 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 98/05/06 for 4 yrs. Svd: 02 Yrs 03 Mo 26 Das, all AMS.
b. Grade Status: AMN - 00/08/07 (Article 15, 00/08/07)
Alc - 99/09/06 ,
AMN - 98/11/06
c. Time Lost: none.
d. Art 15’s: (1) 00/08/07, McChord AFB, WA - Article 112a. You did, on
or about 3 Jul 00, wrongfully use marijuana. Reduction

to Amn. (No appeal) (No mitigation)

e. Additional: none.

£. CM: none,

g. Record of SV: 98/05/06 - 00/01/05 Fort Lewis AIN 4 (Initial)
(Discharged from McChord AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (02) Yrs (04) Mos (18) Das
TAMS: (02) Yrs (03) Mos (26) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 01/01/07.
(Change Discharge to Honorable)

Issue 1: My name is ------- . I was an Airman First Clags at Ft. Lewis,
Washington before being general discharged with an honorable mention from the
FD2002-0005

U.S. Air Force.

Today, I am requesting that my status be upgraded from a general discharge to an
honorable discharge.

Born in Daytona Beach, Florida, I moved to Switzerland at the age of six with my
parents and younger brother. I attended all grades up through the ninth grade
before I, my family and younger brother moved back to the United States where I
finished high school.

Shortly after high school I joined the U.S. Air Force. Having accomplished many
tasks and responsibilities while in the service, my life was changed for the
better soon after graduating from basic training. Some of the tasks I completed
during my time in the Air Force include: 1) graduating from Technical training,
2) participating in several unit projects, helping fellow airmen and NCOICs with
tasks and responsibilities, 3) graduating from survival school, 4) becoming
"HAZMAT" certified, and 5) traveling on many TDY trips including NTC in
California with sole responsibility for keeping all unit tactical vehicles
checked and operational.

Currently I am living in Mackinaw, Illinois with my wife and one year old
daughter. Due to a work-related accident, which caused the loss of a finger on
my right hand. I then realized quickly life-changing events can occur and how
short life can be. Consequently I am now on workman compensation and I am also
looking for a new job due to the recent accident. The general discharge status
does add additional challenges to my ability to adequately provide for my
family.

I am attending a local college and I am pursuing computer science training. Due
to my current financial situation, it is difficult to follow the course schedule
I would like and at the same time provide for my family.

Nonetheless, the reasons for my September 1, 2001 discharge were just. I
realize the error in judgment I made and I still regret it to this day. I also
realized that many people make mistakes everyday, and that those same people
realize their mistakes and are forgiven.

In closing, I am writing this letter to respectfully request that my general
discharge be upgraded to an honorable discharge to better my life and my
opportunities. If you could find it in your heart to forgive me for the
mistakes I made, I would be sincerely grateful.

ATCH

1. Applicant's Issues.
2. Resume.

3. Dantes Score Report.
4. College Transcript.
5. References.

02/04/24/ia
* APR-17-2002 10:28 62Au/IA

POzC0Z2—003s"

—
DEPARTMENT OF THE AIR FORCE

MEADQUARTERS 62D AIRLIFT WING (AMC)

 

AUG 25 m0

MEMORANDUM FOR 62 AW/CC

FROM: 62 AW/JA

SUBJECT: Legal Review of AFI 36-3208, Administrative Separation of Airmen
Administrative Discharge — A

1. On 16 Aug 00, the 5 ASOS/CC initiated administrative discharge action against the
respondent, Amn SGQGRMMMM under AFI 36-3208, Administrative Separation of Airmen,
para. 5.54, based on Drug Abuse. The respondent was properly notified of this action and was
informed of both his right to counsel and his right to submit statements. After consulting with
counsel, the respondent elected to submit statements for your consideration. The 5 ASOS/CC
recommends that the respondent reccive a General (Under Honorable Conditions) discharge.
Under this discharge basis, probation and rehabilitation is not an option.

2. FACTS: On 3 Jul 00, the respondent used marijuana in violation of Article 112a of the
Uniform Code of Military Justice (UCMJ). The respondent tested positive for marijuana use in a
group sweep conducted on 5 Jul 00 and later confessed to SFO] that he used marijuana, For this
misconduct, the 5 ASOS/CC offered the respondent an Article 15. The respondent subsequently
waived his right to dernand trial by court-martial and accepted nonjudicial proceedings for his
offense. The respondent also submitted a written presentation for his commander’s
consideration. After weighing the evidence and considering his rebuttal, the 5 ASOS/CC
determined that the respondent had committed the offense of wrongfully using marijuana. The

5 ASOS/CC punished the respondent with a reduction to the rank of airman. This Article 15
initiated the respondent’s Unfavorable Information File (UIF). (See Tab B1.)

3. LEGAL ANALYSIS:

a. Discharge. Drug abuse is incompatible with military service and airmen who abuse drugs

even one time are subject to discharge for misconduct, AFI 36-3208, para. 5.54, defines drug

~ abuse as the illegal, wrongful, or improper use, possession, sale, transfer, or introduction onto a
military installation of any drug. TAW para. 5.55.2.1, a member found to have abused drugs will
be discharged absent unusual circumstances. More specifically, para. 5.55.2.2 states that the
respondent must be discharged unless (1) he presents evidence that he meets ALL seven specific
criteria (in para. 5.55.2.1) and (2) if you (the separation authority) can justify keeping the
respondent in the Air Force based on special circumstances that may exist in his case. The AFT

states that the respondent carries the burden of proving facts that show that his retention in the
Air Force is warranted. The respondent claims that he meets the seven retention criteria, Upon
- * APR-17-2@82 10:29 62AuW/IA ED 2E0Z- 00d S p.a4
aur”

tae”

comparing the evidence to the criteria, however, the respondent fails not one, but four, of the
required retention criteria:

(1) The first criterion requires the respondent to show that his drug abuse is a
departure from his usual and customary behavior. The respondent claims that, with the exception
of this episode, he has not used drugs since he enlisted in the Air Force. As the government has
no evidence that contradicts this statement, the respondent apparently does not abuse drugs as
part of his usual and customary behavior.

(2) The second criterion requires the respondent to show that his “drug abuse
occurred as a result of drug experimentation...for reasons of curiosity, peer pressure, or other
similar reasons.” The respondent claims that his use on 3 Jul 00 was the result of peer pressure
and submits that the use at issue qualifies as drug “experimentation.” The respondent’s own
admission that he used drugs on two occasions prior to entering the military goes against this
very notion. Because the respondent has intentionally used illicit drugs on three separate
occasions, his use on 3 Jul 00 does not qualify as experimental.

(3) The third criterion requires the respondent to show that his drug abuse does
not involve recurring incidents. Based on the respondent’s history of past uses of marijuana, he

fails to meet this criterion.

(4) The fourth criterion requires the respondent to show that he does not “desire to
engage in or intend to engage in drug abuse in the future.” The respondent states that he does not
desire to engage in such misconduct in the future.

(5) The fifth criterion requires the respondent to show that his drug abuse “under
all the circumstances is not likely to recur.” The respondent claims that because he is “about to
become a father,” his drug abuse is unlikely to recur. This is unlikely. The respondent has
abused drugs both before and during his military enlistment. In addition, the respondent knew
that his wife was pregnant when he chose to smoke marijuana in July. Therefore, the
respondent’s upcoming status as a father is unlikely to alter his recurring use of illicit drugs.

(6) The sixth criterion requires the respondent to show that his “continued
presence in the Air Force is consistent with the interest of the Air Force in maintaining proper
discipline, good order, leadership, and morale.” The Air Force needs airmen who set a consistent

. and positive example for their peers and subordinates. The 5 ASOS/CC.perhaps.said it best
when he stated that the respondent “compromised his integrity and...demonstrated that he cannot
be trusted.” As such, discharging the respondent is consistent with the interest of the Air Force

in maintaining good order and discipline.

(7) The seventh criterion requires the respondent to show that his “drug abuse did
not involve drug distribution.” There is no evidence that the respondent has distributed drugs.

In sum, the respondent fails to meet the criteria required for retention.
APR-17-2082 10:29 62AWZIA PDuchz~ cet ST P.85
‘mae

b. Characterization. AFI 36-3208, para. 1.18.2, states that a General (Under Honorable
Conditions) discharge is appropriate when the respondent’s service has been honest and faithful,
but when significant negative aspects of his conduct or performance of duty outweigh positive
aspects of his military record. In this case, a General (Under Honorable Conditions) discharge is
the most appropriate characterization because the respondent’s drug use is a significant negative
aspect of his conduct that outweighs any positive aspects of his military record. The
respondent’s choice to disobey Air Force rules on the use of illegal drugs was a clear statement
by the respondent that he is willing to disregard authority in order to obtain a quick high.
Additionally, AFI 36-3208, paragraph 5.48.4, states that the service of a member discharged may
be characterized as Honorable only jf the member’s record has been so meritorious that any other
characterization would be clearly inappropriate. In contrast to that standard, a General discharge
in this case would be highly appropriate, given the respondent’s behavioral choices. Knowing
that Air Force rules prohibit the use of marijuana and knowing that the consequences could have
included trial by court-martial, the respondent made a calculated decision to disregard those rules
and to put his service characterization in jeopardy. His choice to disobey authority ultimately
became his choice regarding how his service should be characterized.

 

¢. Probation and Rehabilitation (P&R). AFI 36-3208, para. 5.55.2.3, specifically provides
that members approved for discharge based on Drug Abuse are not eligible for probation and

rehabilitation. Thus, P&R is not an option for the respondent.

4. OPTIONS:

a. Direct that this action be discontinued and retain the respondent in the Air Force, if
you believe: (J) the respondent did not wrongfully abuse drugs or (2) the respondent has
affirmatively met his burden to prove that hc meets a// seven criteria as listed in AFI 36-3208,
para. 5.55.2.1, and if you can justify keeping him in the Air Force based on special circumstances
that may exist in his case.

b. Direct that the respondent be discharged from the Air Force with a General (Under
Honorable Conditions) service characterization.

c. Forward this case file to the 15 AF/CC if you believe that the respondent should be
separated from the Air Force with an Honorable service characterization, but only if you
determine that any other service characterization would be clearly inappropriate.

d. Direct reinitiation of this action for processing in accordance with AFI 36-3208,
Section C (Board Hearing or Board Waiver), if the issuance of an Under Other Than Honorable
Conditions discharge is warranted, The respondent would then be entitled to an administrative
discharge board.
APR-17-20882 14:30 62AW/IA i FP
. 2D2 COBDS P.26

*

5. RECOMMENDATION: Discharge the respondent from the Air Force under AFT 36-3208,
para. 5.54, based on Drug Abuse, with a General (Under Honorable Conditions) characterization

of service. Tf you concur with my recommendatio 1, please si; ag@terthe inside
front cover of this package. ii. “a

  

Staff Tudge Advocate
APR=17-2002 10:31 62AW/JA fy> ZOD CED P.@9
eee

“weet”

DEPARTMENT OF THE AIR FORCE
5 AIR SUPPORT OPERATIONS SQUADRON (ACC)

 

16 AvG Gx
MEMORANDUM FOR AMN igang NRE

FROM: 5 ASOS/CC
SUBJECT: Notification Memorandum

1. lam recommending your discharge from the United States Air Force based on drug abuse.
The authority for this action is AFPD 36-32, Military Retirements and Separations, and

AFI 36-3208, Administrative Separation of Airmen, paragraph 5.54. If my recommendation is
approved, then your service will be characterized as Honorable or Gencral (Under Honorable
Conditions). I am recommending that your service be characterized as General.

2. Tam taking this action because, on or about 3 Jul 00, you wrongfully used marijuana. For this
misconduct, you reccived an Article 15. You were punished with a reduction ta the grade of
airman. This Article 15 initiated your Unfavorable Information File (UIF). (Sce Atchs 1a and
1b.)

3. I have attached copies of the documents to be forwarded to the separation authority in
support of this recommendation, The commander exercising Special Court-Martial (SPCM)
jurisdiction or a higher authority will decide whether you are discharged or retained in the Air
Force, and if you are discharged, how your service will be characterized. If you are discharged,
then you will be ineligible for reenlistment in the Air Force and will probably be denied
enlistment in any component of the armed forces. Any special pay, bonus, or education
assistance funds may he subject to recoupment.

4. You have the right to consult legal counsel. Military legal counsel has been obtained to assist
' you. You have an appointment to consult the Area Defense Counsel, in building 100, room
2004, Aewtial (OSA, 984-2240, You may consult civilian counsel at your own expense.

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

"the separation authority to consider must reach me by srauoar’ Z/ AUG go! (three workdays)
unless you request and reccive an extension for good cause. I will forward any such statements

to the separation authority.

6. If you fail to consult counsel or to submit statements in your own behalf, then your failure
wi)l constitute a waiver of your right to do so.
‘ ~~

APR-17-2082 10:31 62AWIA PIPER ~2005— P.10
oe”

7. You have been scheduled for a medical examination. You must report to Physical Exams in
building 173 on [AUVs GA at LISS with your medical records.

8. You have been scheduled for a mandatory Transition Pre-separation Counseling appointment
at the Family Support Center, bldg 553, on aa Asp at (300 _, with Ms. Vollmer.

9. The Privacy Act of 1974 protects any personal information you furnish in rebuttal. A copy of
AFI 36-3208 is available for your use in the orderly room.

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

  

Attachments: ee

1. a, AF Form 3070, dtd 7 Aug 00, w/ atch
b. AF Form 1137, undated

2. Airman’s Receipt of Notification Memorandum