AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE AFSN/SSAN

AIC

 

 

 

X RECORD REVIEW

 

 

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TYPE
PERSONAL APPEARANCE
| ee LD | NAME OF COUNSEL AND OR ORGANIZATION

 

 

MEMBERS SITTING

  

 

| ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

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ORDER APPOINTING THEBOARD —S
APPLICATION FOR REVIEW OF DISCHARGE

| LETTER OF NOTIFICATION

Coe tN mt

 

   
   
 
  
  

ISSUES INDEX NUMBER
A93.17 A66.00
HEARING DATE CASE NUMBER

1 AUG 03 FD2003-0154

 

Case heard at Washington, D.C.

submit an application to the AFBCMR.

 

SIGNATURE OF RECORDER

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

 

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

ee

 

 

 

 

 

TAPE RECORDING OF EERSONAL, APPERANCE HEARING

 

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

 

 

 

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 FD03-0154

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and
Authority for discharge and to change the RE Code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of Aischarge is denied.

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

ISSUE: The applicant believes his discharge is inequitable because it was too severe a punishment. The
applicant indicates that he looked up his Separation code on the Internet and decided that his code was due
to “failed Drug Rehab”. This issue is without merit. The applicant’s Separation Code of JKK is for Drug
Abuse. The applicant also admitted to using marijuana once during his enlistment. The records indicated
the applicant received a Letter of Reprimand for admitting use of marijuana. The applicant admitted that he
had lied during questioning by the OSI. Also, when questioned by OSI agents, he did admit to attempting
to purchase marijuana over the Internet for a civilian roommate. He also admitted to using marijuana over
two years ago; however, he did not disclose this information on his enlistment paperwork. The Board
concluded the drug abuse was a significant departure from the conduct expected of all military members.
The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of
discharge. The Board concluded the misconduct of the applicant appropriately characterized his term of
service.

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
FD2003-00154
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former AilC) (HGH Alc)

 

1. MATTER UNDER REVIEW: Appl rec’d a gen Disch fr USAF 14 Oct 99 UP AFI 36-
3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Discharge, and
Change to Reentry Code, Reason and Authority.

2. BACKGROUND:

a. DOB: 9 Mar 79. Enlmt Age: 18 4/12. Disch Age: 20 7/12. Educ:HS DIPL.
AFQT: N/A. A-92, E-72, G-64, M-63. PAFSC: 1N131 - Imagery Analysis
Apprentice. DAS: 3 Sep 98.

b. Prior Sv: (1) AFRes 15 Jul 97 - 6 Jan 98 (5 Months 23 Days) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enld as AB 7 Jan 98 for 4 yrs. Svd: 1 Yr 9 Mos 8 Das, all AMS.

b. Grade Status: ALC - 7 MAY 99
AMN - 7 JUL 98

c. Time Lost: None.

d. Art 15’s: None.

e. Additional: LOR, 31 Aug 99 - Admitted use of marijuana.

£. CM: None.

g. Record of SV: 7 Jan 98 - 6 Sep 99 Nellis AFB 1 (Initial) REF
(Discharged from Nellis AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (2) Yrs (3) Mos (0) Das
TAMS: (1) Yrs (9) Mos (8) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 28 Mar 03.
(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and
Authority)

ISSUES ATTACHED TO BRIEF
FD2003-00154

ATCH

1. Applicant’s Issues.
2. Enlisted Performance Report.

13 May 03/cr
FP 2003 - 00/8 Ly

ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION: (Continue on a plain sheet of paper if more space is needed.)

 

 

a. DOCUMENT 1:

 

b. DOCUMENT 2:

 

¢, DOCUMENT 3:

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

deterthine 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.

.__. | wasmnaware until LiSept0t (Date when which i tried to re-enter military service) thati-was characterized.as. _ _ -
-uneligible for-re-enlistment_of_armed services. Upon further investigation via Seperation codes on the internet I _.. - -.
-became-aware that my. seperation code.was due ta "Eailed Dmg Rehab". Sir/Mam.iwas NEVER entered into.a Drug _-.
Rehab center. | was accussed by O.S.1- or using narcotics due to allegations by_another member-whom_was.arrested.- | -
-declined due to innocence_(aware i should of had it)-L- completely cooperated_with A.F.O.S.L and submitted Urine, - - -
-Blood-AND hair Samples-to-be-drug tested. All samples came_back-negative.-Please-note:-If narcotics are-used-by-an_- -
-individual it-will show up-in hair-samples for up-to-6-months-to one-year.-During this investigation-on my person i had -
-adinitted to my first sargent that i had used-marijuana-once during my enlistment,-unaware i would loose my career. - - -
~This usage-was while-on-leave during the beginning -of my enlistment. -After-the urine,blood and hair samples-were- - - -
-tested to be negative-i:was still harrassed by-feHo staff treating metike-i-was guilty: Ht-was-at-4his-time that 4- - - - - - ---
-fespectfully requested change to a-different duty-station or enlistment i"Boot-strap" (which-is where you complete - - -
-twiee as much enlistment time, but is completed-in-a college environment): | was denied-a change in station and- - ~ - - -
-Boot-strap- by my-commander: At this time t requested his Executive to "Please do anything to get-me out of here; i - - -
can not stand-being treated likei'm guilty: 1 will-say i'm homosexual or i will use drugsif necessary-to get - ---------
discharged": My commanders-Executive approached me-the next day and advised methat she-would be-able to -- ~~ ~-
‘discharge me-for "Misconduct" andthat it would be a-fast discharge under one-week. { was happy about this: ~~ --~----
“discharge but-was unaware thatit would haunt ‘me in the-fature- Sir/Mam t am-currently-a Correctional Officer - ~~ - ~-
“(certified Peace Officer Catepory Hi) for the State of Nevada. 1-am trymeg to get on with locat Law Enforcement™ ~~ ~~~
“agencies as a street cop but am unaware to due this due tothe fact thatmy discharge is not "Honorable" tut rather ~~ ~~
“General: Under Honorabte Conditions”. I was 19 years of age during this time and shonld have requested councel to ~
mranely Tepresent my character.” I an respectfully requesting a a in Seperation Code and Character of “~~~ ~~~

 

1 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 statements as part of my application with full knowledge of the penalties involved for willfully making a false
oe U.S. Code, Title 18, Section 1001, provides that an individual shall be fined under this title or imprisoned not more than § years,
or both.

@. DATE (YYYYMMDD)

20030328

 

NAVY & MARINE CORPS AIR FORCE COAST GUARD

Army Review Boards Agen Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, S.E. SAF/MIBR Commandant (G-WPM)

Se eRe St Rm. 309 (NDRB) 550-C Street West, Suite 40 —_| 2100 Second Street, S.W.
Si, Lou MG Ba 1a2 0G Washington Navy Yard, DC Randolph AFB, TX 78150-4742 | Washington, DC 20593-0001

(See http://arba.army.pentagon.mil) | 20374-5023

 

DD FORM 293, DEC 2000 Page 2 of 4 Pages
fP2003-00 (S lf

DEPARTMENT OF THE AIR FORCE

11TH RECONNAISSANCE SQUADRON (ACC)
NELLIS AIR FORCE BASE, NEVADA

SEP 30 1999

 

   

MEMORANDUM FOR A1 @agegiaigamias WA LIRS

FROM: CC
SUBJECT: Notification Memorandum - Administrative Discharge Under AFI 36-3208

1. Iam 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 1s approved, your service may be characterized as honorable or general. fam
recommending that your service be characterized as general.

2. My reasons for this action are: It was disclosed by you, to MSet Siemaemmeaat your first
sergeant, on 3 Aug 99, that you had lied during questioning by the Office of Special
investigations (OSD) on 2 Aug 99, You stated to him that you had told Special Agents (SA)
ST: you had not used marijuana when in fact you had used marijuana
within the past month. When questioned by OS] agents, you did admit to attempting to purchase
marijuana over the Internet for your civilian roommate whom you stated does smoke marijuana.
You also admitted to using marijuana over two years ago; however, you did not disclose this

information on your enlistment paperwork. For your actions, you received a letter of reprimand
(LOR) on 31 Aug 99 and administrative discharge proceedings were initiated.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising special court-martial 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.

4. You have the right to consult legal counsel. Military legal counsel has been obtained to assist
you. I have made an appointment for you to consult the Area Defense Counsel at Bldg 625 (Old.

Hospital) on ther fembet at _/7/oo__ hours. You may consult civilian counsel at your
* own expense. B Padeted

5. You have the right to submit statements in your own behalf. You have three (3) duty days
(72 hours from the date/time served) to submit statements in your behalf, «Any statements
you want the separation authority to consider must reach me by ,5 feeL—fag at _/%°° hours
unless you request and receive an extension for good cause shown. | will send them to the
separation authority.

6. 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,
FOO 2 O07 OO13 bf

7. You have previously been scheduled for a medical examination at the 99th Medical Group on
2 Sep 99 at 0800.

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.

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

2
‘ie

 

Attachments:
1. LOR, 31 Aug 99
2. OSI Report of Investigation

. ;