NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GEN PERSONAL APPEARANCE

NAME OF COUNSEL AND OR ORGANIZATION

      
    

MEMBERS SITTING

 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

   
   

 

AFSN/SSAN

X RECORD REVIEW

 
 

 

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ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

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REMARK:

Case heard at Washington, D.C.

submit an application to the AFBCMR.

 

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

AFHQ FORM 0-2077, JAN 00

ISSUES INDEX NUMBER

A94,53, A92.37, A93.17 A66.00 1 0
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION

HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

03-05-28 FD2003-00051

 

 

 

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

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING..

 

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3°° FLOOR

ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for misconduct, drug abuse. A positive urinalysis in June 1987 disclosed
the presence of marijuana, for which member received an Article 15. At the time of the offense, member
was a noncommissioned officer with almost 15 years service. Member elected to have his case heard by an
administrative discharge board, which determined he should be discharged with a general (under honorable
conditions) separation for commission of a serious offense, namely drug abuse, and should not be offered
probation and rehabilitation. The record review also disclosed member had a Letter of Reprimand for
failure to go to his appointed place of duty, and a referral Airman Performance Report (APR) rated an
overall “4” out of “9” based on his poor duty performance. That APR stated he showed no initiative, was
not able to cope with personal and professional problems, lacked compatibility with Air Force standards,
and was burden to his unit. Additionally, member had been diagnosed with an adjustment disorder with
mixed emotions by the Mental Health clinic staff. The Air Force’s drug policy was well publicized and
members were continually made aware that illegal drug use was not tolerated. Drug abuse by a
noncommissioned officer is a particularly serious failure to meet Air Force standards that does not warrant
an honorable characterization of service. The Board could find no inequity or impropriety on which to base
an upgrade to 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
FD2003-00051
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

a_i (Former SRA) (HGH SSGT)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 3 Feb 88 UP AFR 39-10,
para 5-49c (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 6 Jan 49. Enlmt Age: 23 4/12. Disch Age: 39 0/12. Educ: HS DIPL.
AFQT: N/A. A-47, E-36, G-44, M-40. PAFSC: 70270 - Administrative Technician.
DAS: 10 Feb 87.

b. Prior Sv: (1) AFRes 1 Jun 72 - 5 Sep 72 (3 Months 5S Days) (Inactive).

(2) Enld as AB 6 Sep 72 for 4 yrs. Ext: 9 Jun 75 for 1
month. Ext: 6 Apr 76 for 2 months. Reenld as SGT 29 Oct 76 for 6 yrs. Ext: 6
Sep 79 for 12 months. Svd: 10 Yrs 0 Mos 25 Das, all AMS. AMN - 6 Jan 73. AlC -
6 Sep 73. SGT - 1 Apr 75. SSsGT - 1 Feb 81. APRs: 9,9,8,8,7,9,9,9,9,9,9,9.

3. SERVICE UNDER REVIEW:
a. Reenld as SSGT 1 Oct 82 for 6 yrs. Svd: 5 Yrs 4 Mos 3 Das, all AMS.

b. Grade Status: SRA - 11 Aug 87 (NCO Status Vacated)
SGT - 8 Jul 87 (Article 15, 8 Jul 87)

z c. Time Lost: None.

d. Art 15’s: (1) 8 Jul 87, Nellis AFB, NV - Article 112a. In that you,
did, in the United States, on or about 23 Apr 87,
wrongfully use marijuana. Reduction to Sgt, and
forfeiture of $200.00 pay per month for two months.
(No appeal) (No mitigation)

e. Additional: ((Examiner's Note: Information obtained from UIF Summary)
LOR, 13 MAY 87 - Failure to go to appointed place of duty.

fe CM: None.

g. Record of SV: 01 Feb 82 - 28 Oct 82 Wheeler AFB 9 (CRO)
29 Oct 82 - 02 Oct 83 Wheeler AFB 9 (CRO)
03 Oct 83 - 14 Aug 84 Sheppard AFB 9 (CRO)
15 Aug 84 - 10 Mar 85 Sheppard AFB 9 = (CRO)
11 Mar 85 - 31 Aug 85 Sheppard AFB 9 _ (CRO)
01 Sep 85 - 17 Aug 86 Taegu AB 9 (CRO)
18 Aug 86 - 17 Nov 87 Nellis AFB 4 (Dir by HAF)

(Discharged from Nellis AFB)
FD2003-00051

h. Awards & Decs: AFCM W/10LC, AFOUA W/3 OLC, AFGCM W/3 OLC, NDSM, VSM
W/1 OLC, AFOSSTR W/20LC, AFOSLTR W/20LC, AFLSAR, AFTR, NCOPMER, RVGC.

i. Stmt of Sv: TMS: (15) Yrs (8) Mos (3) Das
TAMS: (15) Yrs (4) Mos (29) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 31 Jan 03.
(Change Discharge to Honorable)

NO ISSUES SUBMITTED

ATCH
None.

10 Apr 03/cr
Pe ~ Ce meee - - yom : on. eee ee on Se ee *,) FP2.003 -OoOSy/

DEPARTMENT OF THE AIR FORCE

474TH AIRCRAFT GENERATION SGUADAOM (TAC)
7 . MELLIS AIM FORCE BASE MV SBTDT~5S000

 

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1. {f am recommending your discharge from the United Statas Air
Force for commission of a serious offense, drug abise, ADsoc dag
to AFR 39-10, under the provisions of paragraph 5-19- Topiss of
the documents to be forvarded to the separations aitiort: ~ bt?
Support this recommendation are attached...

2. “y reasons for-this action are:

Ta that you did in the United States on or aboit 23 4ar 37,
wrongfully use marijuana, for which you received 24 Artic 215, +
8 Jul 87.

3. This action could result in your separation wit ai ..4er
other than honorable conditions discharge. I am resodan+ lirg
that you receive a general discharge. The comagzal-- 2eter .isiivg
S$?22M jurisdiction or a higher authority will make (72 Fit . daci-
sion in this matter. If you are discharged, you wiil be irasii-

Zible for reenlistment in the Air Force.

4. You have the right to:
a. Consult legal counsel.
b. Present your case to an administrative dischiuscg= btoard.
c. Be represented by Legal counsel at a board heirineg.

d. Submit statements ia your own behalf in addiction to, of in
lieu of, the board hearing.

e. Waive the above rights. You must consult leg:? _eeanset
before makinz a decision to waive aay of your rig 4

» You have been scheduled for or have had a medical 4xaninztion
t the USAF Hospital, Physical Exam Section at 995:) ‘:irs on
9 Jun 8&7 .

 

UNITED STATES AIR FORCE
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1 counsel, Bldg P-47, duty phone 293
t you. An appointment has been sche
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lietrad, of the appointed counsel, you may have an. a
wae ser oy 2 Taqiest is in the active military servic
Rt avaiiable as determined according to AFR

adgdivion t- miiitary counsel, you have the right tc,
Liat .-tirngil. The Air Force does not pay expenses i

salle stenat of civilian counsel. Civilian counse
. 728% De readily available.

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