AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

“NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) ~ GRADE [| AFSN/SSAN ~ oo |
__—_—. 6 6)
TAPE whe a _ a — 7
PERSONAL APPEARANCE X RECORDREVIEW  __ _
~ COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ~— ADDRESS AND OR ORGANIZATION OF COUNSEL
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MEMBERS SITTING HON | GEN TOTHE OTHER “DENY
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TISSUES “INDEX NUMBER i ” “EXHIBITS SUBMITTED TOTHE BOARD
A94.05 A66.00 1 | ORDER APPOINTING THE BOARD !
“APPLICATION FOR REVILW OF DISCHARGE
3 | LETTER OF NOTIFICATION _
| HEARING DATE S™”™”™”*C&@YS:COCAS NUMBER — 4 | BRIEF OF PERSONNEL FILE
LOCT 02 FD2003-00036 COUNSEL'S RELEASE TO THE BOARD” —
ADDITIONAL EXHIBITS SUBMITIEDAT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCL HEARING |
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APPLICANT S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

 

 

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REMARKS |
The applicant was scheduled for a personal appearance before the Discharge Review Board at Andrews AFB, MD on May
29, 2003, but after acknowledging intent to appear, failed to do so without requesting a postponement. The case was
considered via records review,

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

      

 

SIGNATURE OF RECO D PRESIDENT

     
   
  

     

SIGNATURE OE

 

INDORSEMENT DATE: 8 AUG 03

 

 

 

 

 

TOR ee FROM: ~~ _—
SAL/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST. SUITE 40 AIR FORCE DISCHARGE REVIEW BOARID
RANDOLPH APB, VX 78150-4742 1535 COMMAND DR, FE WING. 3°? FLOOR
ANDREWS ANB. 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 F1D2003-00036

GENERAL: The applicant appeals for upgrade of discharge to Honorable, and change of reason for
discharge.

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) at
Andrews AFB. MD on May 29, 2003, but after acknowledging intent to appear. failed to do so without
requesting a postponement. His case was considered by records review.

FINDINGS: Upgrade of discharge to Honorable is denied.
fi

Change of reason*for discharge and reenlistment code is dented.
f

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

ISSUES: The applicant's issues are listed in the attached brief. The applicant contends that his discharge
was inequitable because it was too harsh. The applicant also cited his desire to receive G.1. Bill benefits as
justification for upgrade. The record indicates the applicant received an Article 15 for drug use. based on a
positive urine test for marijuana. While discharge action was being considered by his commander, a second
urine drug screen was positive and the applicant was discharged with a general characterization of service.
The DRB took note of the applicant’s very good duty performance as documented by his lauditory
performance report. After a thorough review of the record, the Board concluded that the applicant has not
shown that there was any inequity or impropriety in his discharge. The DRB noted that when the applicant
applied for G.I. Bill benefits he signed a statement (DD Form 2366) that he understood he must reccive an
Honorable discharge to receive future educational benefits thus this is not a matter of inequity or
impropriety.

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, change of reason for discharge and change of RE code, thus the
applicant's discharge should not be changed.

Attachment
Examiner's Brief
FD2003-00036
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
’ ANDREWS AFB, MD

=x (Former AB) (HGH AiC)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 16 May 02 UP AFI 36-
3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

‘a. DOB: 8 May 81. Enlmt Age: 18 2/12. Disch Age: 21 0/12. Educ: HS DIPL.
AFOT: N/A. A-72, E-62, G-62, M-44. PAFSC: 2W151 - Aircraft Armament Systems
Journeyman. DAS: 18 May 00.

b. Prior Sv: (1) AFRes 29 Jul 99 - 22 Nov 99 (3 Months 25 Days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enld as AB 23 Nov 99 for 6 yrs. Svd: 2 Yrs 5 Mos 24 Das, all AMS.

b. Grade Status: AB - 17 Apr 02 (Article 15, 17 Apr 02)
Alc - 7 Jan 00

c. Time Lost: None.

d. Art 15's: (1) 17 Apr 02, Cannon AFB, NM - Article 1l2a. You did, on
or about 13 Mar 02, wrongfully use marijuana. Reduction
to AB, and forfeiture of $400 pay. (No appeal) (No
mitigation)

e. Additional: None.

£. CM: None.

g. Record of SV: 23 Nov 99 - 22 Jul 01 Cannon AFB 4 (Initial)
(Discharged from Cannon AFB)

h. Awards & Decs: AFTR, AFEM, NDSM, BMOB.~

i. Stmt of Sv: TMS: (2) Yrs (9) Mos (18) Das
TAMS: (2) Yrs (5) Mos (24) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 6 Jan 03.
(Change Discharge to Honorable)

Issue 1: The main reason I feel as though my discharge should be upgraded
is because other flight Chiefs and some of my old supervisors and my most recent
one felt as though I shouldn't have gotten discharged in the first place and
FD2003-00036

that my squadron commander and the Wing Commander did not know me as the Airman
that people who worked with me everyday did. They also backed me one-thousand

percent before my discharge and to this day.

Issue 2: Upgrading my discharge would also give me a chance to persue(sic)
my college education at ----- University to major in computer engineering. It
will also help me get a job that ig really focused on us veterans. So it would
be greatly appreciated if you would consider my case and help me to persue (sic)
my dreams and goals so my children can be brought up in a better enviorment
(sic) than I was.

ATCH
None.

19Mar03/cr
“02002-00026

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 27th FIGHTER WING (ACC)
CANNON AJR FORCE BASE NEW MEXICO

'

 

MAM O3-

MEMORANDUM FOR APA? 7 Ms

FROM: 27 EMS/CC
SUBJECT: Notification Memorandum

1. I 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 my
recommendation is approved, your service will be characterized as honorable or general. I am
recommending that your service be characterized as general.

2. My reasons for this action are:

On or about 13 Mar 02, you wrongfully used marijuana, as evidenced by an Article 15 action,
dated 17 Apr 02. (Atch 1)

3. 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, bonuses, or education assistance funds
may be subject to recoupment.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
An appointment will be made for you to consult with a military legal counsel from the Cannon
AFB Area Defense Counsel’s Office at building 600, ext, 2915. You may consult civilian
counsel at your own expense.

5. You have the right to submit statements on your own behalf. Any statements you want the
separation authority to consider must reach me within 3 duty days from today unless you request
and receive an extension for good cause shown. I will send them to the separation authority.

6. If you fail to consult counsel or to submit statements on your own behalf, your failure will
constitute a waiver of your right to do so.

7. You will complete a medical examination at the 27th Medical Group on
at [| 24K )_ hours. .

PERSONAL DATA ~ PRIVACY ACT OF 1974 APPLIES
| fD2003- 20036

eae!

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 your unit orderly room, or you may download a

copy from http://afpubs.hq.af.mil/.
ies: USAF

Commander, 27EMS

 

Attachment:
Article 15 action, dated 17 Apr 02