AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

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[NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

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TYPE :
PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME OF COUNSEL AND OR ORGANIZATION | ADDRESS AND OR ORGANIZATION OF COUNSEL
YES | NO
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oe VOTE OF THE. BOARD
MEMBERS SITTING HON GEN VOTHC OTHER | DENY

 

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ISSUES INDEX NUMBER an _EXHIBITS SUBMITTED. TO THE BOARD
A94,05 A74.00 1 ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
|
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
30 JUL 03 FD2003-0162

COUNSEL’S RELEASE TO THE BOARD

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ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

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TAPE RECORDING OF PERSONAL APPERANCE HEARING |
“APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

 

 

 

 

 

 

 

 

REMARKS
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

    
    

SIGNATURE OF BOARD _

INDORSEMENT DATE: 30° JUL 03

oi 2B dod
TO: FROM:

 

 

 

 

SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, 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 FD03-0162

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

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 discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant provides a sufficient basis
in clemency for a change of discharge.

The applicant did not receive an administrative discharge, thus his contention of inequity is not applicable.
The applicant received a Bad Conduct Discharge, a punitive discharge, as part of her sentence resulting
from a Special Court-Martial conviction. Under the provisions of Section 1553, 10 USC, the only basis for
change of a Bad Conduct discharge is clemency. The Applicant presented evidence, which the DRB
opined, did not warrant granting clemency.

CONCLUSIONS: The Discharge Review Board concluded that the applicant’s punitive discharge by
Special Court-Martial is appropriate under the facts and circumstances of this case and there is insufficient
basis, as an act of clemency, for change of discharge.

Attachment:
Examiner's Brief
FD2003-00162
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ee (Former AB) (HGH AMN)

a

1. MATTER UNDER REVIEW: Appl rec’d a BCD Disch fr USAF 8 May 01 UP Special
Court Martial (Conviction by Court Martial - Drug Abuse). Appeals for General
Disch.

2. BACKGROUND:

a. DOB: 29 Jul 79. Enlmt Age: 19 4/12. Disch Age: 21 9/12. Educ: HS DIPL.
AFQT: N/A. A-60, E-43, G-44, M-40. PAFSC: 1T131 - Aircrew Life Support
Apprentice. DAS: 24 May 99.

b. Prior Sv: (1) AFRes 28 Dec 98 - 26 Jan 99 (1 month) (Inactive).
3. SERVICE UNDER REVIEW:

a. Enlisted as AB 27 Jan 99 for 4 yrs. Svd: 2 Yrs 3 Mo 11 Das, of which
AMS is 1 yr 10 months 9 days (excludes 5 months 3 days lost time).

b. Grade Status: AB - 1 Jun 00 (Article 15, 1 Jun 00)
Amn - 27 Jul 99

ec. Time Lost: 31 Jul 00 thru 1 Jan 01 (5 months 3 days).

d. Art 15’s: (1) 1 Jun 00, Hurlburt Field, FL - Article 112a. You did,
on or about 1 Sep 99, and on or about 3 Feb 00,
wrongfully use the controlled substances cocaine, crack
cocaine, and methlenedioxymethylamphetamine. Reduction
to AB, and a suspended forfeiture of $150.00 pay per
month for 2 months. (No appeal) (No mitigation)

e. Additional: LOC, 15 DEC 99 ~ Failure to obey an order and using
inappropriate language.
LOR, 07 OCT 99 - Late for work.
RIC, 09 JUL 99 - Late for work.
RIC, 09 JUL 99 - Disrespect to supervisor and failure to
comply with Air Force standards of
appearance.

f. CM: Special Court Martial No.10 - 5 Sep 00.

CHARGE: Article 112a. Plea: Guilty. Finding: Guilty.

Specification 1: In that Airman Basic Qe. , 20

Special Operations Squadron, Hurlburt Field, Florida, U.S. Air
Force, did, on divers occasions, within the State of Florida,
between on or about 20 Jun 00 and on or about 10 Jul 00,
FD2003-00162

wrongfully use cocaine. Plea: Guilty. Finding: Guilty.

Specification 2: In that Airman Basic eae 20th
Special Operations Squadron, Hurlburt Field, Florida, U.S. Air
Force, did, within the State of Florida, between on or about 27
Jul 00, wrongfully use marijuana. Plea: Guilty. Finding:
Guilty. Sentence adjudged by the military judge on 31 Jul 00.
Bad conduct discharge and confinement for 5 months. (Sentence

affirmed by SPCM Order No.4, 8 May 02).
g. Record of SV: None.
(Discharged from Hurlburt Field)
h. Awards & Decs: AFTR, AFOUA W/VALOR.

i. Stmt of Sv: TMS: (1) Yrs (11) Mos (8) Das
TAMS: (1) Yrs (10) Mos (9) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 27 Mar 03.
(Change Discharge to Honorable)

Issue 1: I am requesting that my BAD CONDUCT DISCHARGE-RE CODE 2K be
changed to GENERAL/UNDER HONORABLE CONDITIONS-RE CODE 2T. I made a serious
error in judgement while on Active Duty and due to my immaturity I didn't
understand the implications of my actions. I did not fully understand the need
to review my records before outprocessing and I was unavailable to review and
sign my DD214 upon discharge.

I have been trying to do some positive things in my life and my BCD is a hurdle
that continues to hamper my progress. I would like another opportunity to serve
my country and continue my education, but I can't due to my reenlistment
eligibility. JI am not denying responsibility for my past actions, I am just
requesting a chance to correct some bad decisions made during a trying time in
my life.

ATCH
None.

1SMAYO03/ia
FD 2e0g- COs <

DEPARTMENT OF THE AIR FORCE
20" SPECIAL OPERATIONS SQUADRON (AFSOC)

JUN 14 2000

 

SUBJECT: Notification Letter - Board Hearing

1. Iam recommending your discharge from the United States Air Force for misconduct, more
specifically for drug abuse, according to AFPD 36-32 and AFI 36-3208, under the provisions of
section H, paragraph 5.54. Copies of the documents to be forwarded to the separation authority

to support this recommendation are attached.

2. My reason for this action is that between on or about 1 Sep 99 and on or about 3 Feb 00, you
wrongfully used cocaine, crack cocaine, and methlenediozymethylamphetamine (Ecstasy), for
which you received punishment under Article 15, dated 1 Jun 00, and the establishment of an

Unfavorable Information File (UIF).

3. In determining that you should be discharged and the characterization of your discharge, I
have also considered the following misconduct:

a. On 10 Dec 99, you failed to obey an order of an NCO and used language that was
inappropriate, for which you received a Letter of Counseling (LOC), dated 15 Dec 99.

b. Between on or about 28 Sep 99 and on or about 1 Oct 99, you failed to report to your
appointed place of duty at the prescribed time, for which you received a Letter of Reprimand
(LOR), dated 7 Oct 99.

c. On 8 Jul 99, you were disrespectful to a supervisor, failed to comply with Air Force Dress
and Appearance standards, and failed to report to your appointed place of duty at the prescribed
time, for which you received a LOC, dated 9 Jul 99,

3. This action could result in your separation with an Under Other Than Honorable Conditions
(UOTHC) discharge. I am recommending that you receive a UOTHC discharge. The
commander exercising Special Court-Martial jurisdiction or a higher authority will make the final
decision in this matter. If you are discharged, you will be ineligible for reenlistment in the Air

Force.
4. You have the right to:
a. Consult legal counsel;

b. Present your case to an administrative discharge board;

Any Time... Any Place
F02003 “~DO/6 2.

c. Be represented by legal counsel at a board hearing;
d. Submit statements in your own behalf in addition to, or in lieu of, the board hearing; or

e. Waive the above rights. You must consult legal counsel before making a decision .to waive
any of your own rights.

5. You have been scheduled for a medical examination. You must report to the
WorteurT Ala. , at 4a) hours on t& fur op for the examination.

6. You have the right to consult counsel. Military legal counsel has been obtained to assist you. I
have made an appointment for you at the Area Defense Counsel, Hurlburt Field, FL, Bldg 90042,
884-5216/5217, on jlo dun 00 at {930 hours. You may consult civilian counsel at your
own expense. Civilian counsel, if employed, must be readily available.

7. Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you
choose to exercise. The statement must be signed in the presence of your counsel who also will
sign it. If you waive your right to a hearing before an administrative discharge board, you may
submit written statements in your own behalf. I will send the statements to the discharge
authority with the case file to be considered with this recommendation. If you fail to respond,
your failure will constitute a waiver of the right to the board hearing.

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208 will be provided upon your request.

9. If you request a board and you fail to appear without good cause, your failure to appear
constitutes a waiver of your right to be present at the hearing.

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

    

Commander

Attachments: _

Supporting documents--for the reason for discharge
1. AF Form 3070, dtd 1 Jun 00

AF Form 1137, undated

LOC, dtd 15 Dec 99

LOR, dtd 7 Oct 99

AF Form 174, dtd 9 Jul 99 ©

AF Form 174, dtd 9 Jul 99

Receipt of Airman’s acknowledgment

ON A ee be tS