LL.

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

[seer

 
 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

 

AB

 

TYPE
* PERSONAL APPEARANCE

ae Ub SEL, =| NAME OF COUNSEL AND OR ORGANIZATION
YES

X RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

MEMBERS SITTING

 

 

 

 

 

—
st

 

 

 

 

 

 

ISSUES

A93,17, A94.01, A94.05

INDEX NUMBER

A66.00

1 | ORDER APPOINTING THE BOARD

    

, anc

 

2 | APPLICATION FOR REVIEW OF DISCHARGE

 

3 | LETTER OF NOTIFICATION

 

| HEARING DATE

1 AUG 03

CASE NUMBER

FD2003-00131

 

4 | BRIEF OF PERSONNEL FILE

 

COUNSEL’S RELEASE TO THE BOARD

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

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.

 

SIGNATURE OF RECORDER

 

 

OF BOARD PRESIDENT

 

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

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 the applicant substantiates an
inequity or impropniety, which would justify a change of discharge.

Issues: The applicant contends his discharge was inequitable because it was too harsh. Applicant was
discharged for misconduct - drug abuse. He was given an Article 15 for wrongfully using marijuana. The
member totally denies using marijuana; however, his tetrahydrocannabinol (THC) level was well above the
DoD cutoff level. At the time of discharge, member consulted counsel and submitted statements in his own
behalf. Member was age 25 when his misconduct happened--older than other airmen who honorably
complete their service without misconduct. There was no evidence member did not know right from
wrong. The Board determined member was responsible for his actions and held accountable for them and
his misconduct was a significant departure from conduct expected of all military members. The Board did
not find sufficient mitigation to warrant an upgrade, and no inequity or impropriety was found in this
discharge in the course of the records review.

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
FD2003-00131
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
MISSING MEDICAL RECORDS

—e (Former AB) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 20 Dec 02 UP AFI 36-
3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 23 Mar 77. Enlmt Age: 24 0/12. Disch Age: 25 8/12. Educ: HS DIPL.
AFQT: N/A. A-83, E-64, G-72, M-47. PAFSC: 3C031 - Communications~Computer
Systems Operations. DAS: 1 Oct 01.

b. Prior Sv: (1) AFRes 5 Apr 01 - 16 Apr 01 (12 days) (Inactive).

3. SERVICE UNDER REVIEW:

a. Enlisted as A1lC 17 Apr 01 for 4 yrs. Svd: 1 Yr 8 Mos 4 Das, all AMS.

b. Grade Status: AB - 30 Oct 02 (Article 15, 30 Oct 02)

ec. Time Lost: None.

d. Art 15’s: (1) 30 Oct 02, Maxwell AFB, AL - Article 1li2a. You did,

within the Continental United States, on or about 9 Sep
02, wrongfully use marijuana. Reduction to AB, 30 days
restriction, and a reprimand. (No appeal) (No
mitigation)

e. Additional: None.

f. CM: None.

g. Record of SV: None.

(Discharged from Maxwell AFB)

h. Awards & Decs: NDSM, AFTR.

i. Stmt of Sv: TMS: (1) Yrs (8) Mos (16) Das
TAMS: (1) Yrs (8) Mos (4) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 15 Mar 03.
(Change Discharge to Honorable)

ISSUES ATTACHED TO BRIEF.
FD2003-00131
ATCH

1. Applicant's Issues.
2. Response to Administrative Discharge.

TMAY03/ia
8. ISSUES

| ° The Board will consider any issue submitted by you prior to closing the case for deliberation. The Board will also review the case to
‘détermine whether there are any issues. that provide a basis for upgrading your discharge. However, the Board is not required to respond in
writing to issues of concern to you unless those issues are listed or incorporated by specific reference below. Carefully read the instructions
that pertain to Block 8 prior to completing this part of the application. If you need more space, submit additional issues on an attachment. .

a Po whom it may CONCEMN,: 9888 lillie cece nee eee eee
i... would like to first thank you for giving. me the opportunity

 

= * if

_....mining the characterization of my discharge, I. would encourage you to.
_....review all_of the documentation I presented to my commander found in my
_....mMilitary records. The main reason why I. feel that my discharge should.
_....b@_ upgraded ig because i did not commit the offense that if am being is:
waeeed accused of, The Documentation. that_I.bave included. fully.explains.___._..
._... What_happened....The other issue. that..truky concerned me were. the steps.
— that. were taken_during_my..discharge....My..commander,..Ma lox,
saaee Chose to. you. non-judicial punishment.after reviewing the charges and__..
weed consulting with.me,....She. took two.stxripes_and_gave_.me..30..days.of. base ..
woe xestriction.,....L.still.felt.this. punishment..was.not..fair because L.did..
seeee not..committ. the. offense I.was..hbeing. charged with.....l_accepted.and.scouc)
couse completed the punishment, because..I. wanted to continue. my.Air.Force.__...
wanes career....A few days after. completing my..30 days_.of..base.restriction,....
wenee Ma jor ae nformed me_that..she..would be. requesting. .for..me__to.-he ..___..
.....discharged under honorable conditions.....I.feel that.this was.totally._..
--- unfair, because.T.had.aiready been reprimanded and completed my__...........
a Bunishment.._..1_was_ informed that_nan-judicial.punishment..did.not__._ 2...
on constitute any kind .of discharge.....If.2b.knew_that.I_had.a .changesto..ge:
nenee discharged..non-judicially,..L. would have never accepted the. punishment...

a and would _have_.chosen_to_.be. court-martialed where I.could have been.____.

I PREVIOUSLY SUBMITTED AN APPLICATION ON (Enter date/
AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES.

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED.

9. CERTIFICATION
| make the foregoing staternents as part of my application with full knowledge of the penalties involved for willfully making a false
statement. (U.S. Code, Title 18, Section 1001, provides that an individual shall be fined under this title or imprisoned not more than 5 years,

or both.}

a, DATE (YYYYMMDD)
2003/03/15

UPON COMPLETION, MAIL THIS APPLICATION TO APPLICABLE ADDRESS BELOW

ARMY NAVY & MARINE CORPS AIR FORCE COAST GUARD

Army Review Boards Agency
Support Division, St. Louls

Naval Council of Personnel Boards | garwiBR _ Commandant (WPM-60)
ATTN: SFMR-RBR-SL Bldg. 36 - Washington Navy Yard §50-C Street Wast, Suite 40 U.S. Coast Guard Headquarters

9700 Page Avenue 901 M Street, S.E. Randoiph AFB, TX 78150-4742 | Washington, DC 20593-0001
St. Louis, MO 63132-5200 Washington, DC 20374-5023

DD FORM 293, OCT 1997 Page 2 of 4 Pages

a aa a
oni -ageremesinct eli eA AB gene 1 ore em At

DEPARTMENT OF THE AIR FORCE >

HEADQUARTERS 42D AIR BASE WING (AETC)
MAXWELL AIR FORCE BASE ALABAMA

 
  
  

 

1? NOV 2002

MEMORANDUM FOR ADAMO

FROM: 42 CS/CC
SUBJECT: Notification Memorandum

1. Iam recommending your discharge from the United States Air Force for Misconduct — Drug
Abuse. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.54. If you are
discharged, your service will be characterized as honorable or general. I am recommending that
your service be characterized as general.

2. My specific reason for this action is: On or about 09 September 02, the urine sample you
submitted during a random urinalysis tested positive for marijuana at a level of 30ng, the DOD
Cutoff Level is 15ng. 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.

3. Yoxghave-the right to consult counsel. Military legal counsel has been obtained to assist you.

I have made an appointment for you to consult _/3 Ay O2 at the Area Defense
Counsel at Building 40 on Maxwell AFB at /O90 hours. You may consult civilian

counsel at your own 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 4/5" A/OV_© 2 unless you request and
receive an extension for good cause shown. I will send them to the separation authority.

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. .

a

6. You have been scheduled for a medical examination. You must report to the Physical
Examinations, 42d Medical Group, Maxwell AFB, Alabama, at on
for the examination.

7. The Privacy Act Statement of 1974 covers any personal information you furnish in rebuttal.
A copy of AFT 36-3208 is available for your use at the Area Defense Counsel’s office.
Commander, 42CS |

Attachments: .

1. Urinalysis Result, dated 19 Sep 02
2. Other Derogatory Data — AF Form 3070, Record of Nonjudicial Punishment Proceedings,
30 Oct 02