a
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
SSGT
TYPE
PERSONAL APPEARANCE XK RECORD REVIEW
,, COUNSEL NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES NO
x
VOTE OF THE BOARD
MEMBERS SITTING HON GEN UOTHC OTHER DENY
i x
2 x
; x
x
x
ISSUES INDEX NUMBER EXHIBITS SUBMITTED-TO THE BOARD
A93.07, A93.09, A93.17 A75,00 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
6 AUG 03 FD2003-0163 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
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

    

 

      

INDORSEMENT: DATE: 6 AUG-03

 

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 FD03-0163

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

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

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

FINDINGS: Upgrade of discharge to General 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.

The applicant's issues are listed in the attached brief.

ISSUE: The applicant contends his discharge was too harsh because of the stress and depression he was
going through. The records indicated the applicant was discharged in lieu of a Court Martial and received
an Under Other Than Honorable Discharge. The record also indicates that the applicant admitted to using
marijuana on multiple occasions and also LSD use. The Board concluded the misconduct was a significant
departure from 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.

Attachment:
Examiner's Brief
FD2003-00163
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

“yh

6. ed (Former SSGT) (HGH SSGT)

1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr USAF 18 Dec 01 UP AFI 36-
3208, Chapter 4 (Discharge in Lieu of Court Martial). Appeals for General
Discharge.

2. BACKGROUND:

a. DOB: 23 Dec 71. Enlmt Age: 17 9/12. Disch Age: 29 11/12. Educ: HS DIPL.
AFOT: N/A. A-63, E-85, G-76, M-72. PAFSC: T3C271 - Instructor,
Communications-Computer Systems Control. DAS: 5 May 00.

b. Prior Sv: (1) AFRes 26 Sep 89 - 7 Aug 90 (10 months 13 days) (Inactive).

(2) Enlisted as AB 8 Aug 90 for 6 yrs. Extended 25 Oct 94

for 4 months. Svd: 9 yrs 6 months 5 days, all AMS. A1C - 21 Sep 90. SRA - 21
Jan 93. SSGT - 1 Sep 99. EPRs: 3,4,4,4,4,5,5,4,4.
3. SERVICE UNDER REVIEW:

a. Reenlisted as SSgt 14 Feb 00 for 6 yrs. Svd: 1 Yrs 10 Mo 4 Das, all

b. Grade Status: None.

c. Time Lost: None.

d. Art 15's: None.

e. Additional: None.

£f. CM: None.

g. Record of SV: 1 Oct 99 - 30 Sep 00 Keesler AFB 4 (Annual)
(Discharged from Keesler AFB)

h. Awards & Decs: NCOPMER, AFTR, AFOSSTR, AFOSLTR, NDSM, AFLSAR W/OLC,
AFOUA W/OLC, AFGCM W/3 OLCS.

i. Stmt of Sv: TMS: (12) Yrs (2) Mos (23) Das
TAMS: (11) Yrs (4) Mos (11) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 29 Mar 03.
(Change Discharge to General)
FD2003-00163

ISSUES ATTACHED TO BRIEF.

ATCH

. Applicant's Issues.

Request for Discharge in Lieu of Court Martial.
Two Character References.

Charge Sheet.

. AF Form 1168.

. Mississippi Crime Laboratory Report.
DD Form 214.

Personal Data Sheet.

Enlisted Performance Reports.

10. Three Letters of Appreciation.

11. Certificate of Appreciation.

12. Four Letters of Appreciation.

13. Three Certificates of Training.

14. Employee Safety and Health Record.
15. Award/Change AFSC.

16. Six Certificates of Training.

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20MAY03/ia
bb200.3- GCC

To Whom It May Concern:

lam SSot@e? [| am applying for a records review, requesting my

Discharge be reviewed for upgrade. I was discharged from the Air Force on December ~
18, 2001 with an Other Than Honorable Discharge In Lieu of Court-Martial for the
admitted use of Marijuana during the Christmas Holidays of 2000. I had been teaching
as an Instructor at Keesler AFB for 7 months and my stress level was high and my
depressions were getting worse. During the time my family and I had been at Keesler in
base housing, there had been many instances of trouble with my children, both on and off
base. Security Forces and Local Police had been picking my children up for everything
from breaking curfew, shoplifting on base, and possession. I knew that my family had
some problems with drugs, and I was trying to get them to stop.

Upon returning from Christmas Vacation, I sought help by making an
appointment at the hospital for treatment of stress and depression. [ also applied to the
hospital staff for a psychiatric consult. I was put on anti-depressant medication. A few
days after my hospital appointment, there was a break-in of another housing unit where
some items had been stolen. The Security Forces began a door-to-door search for the
missing items. They arrived at my housing unit, while I was at work, my wife was going
to a class, and a friend was babysitting the children. Because of all the trouble my
children had been in, and because they were known for wearing boots, the Security

Forces came to investigate my housing unit due to boot prints out side the unit that had

been broken into.
pil 4007 CH © 9

My wife as she was leaving, gave them consent to search for the missing items.
The items were not in my housing unit. During the search however, a small quantity of
Marijuana was found in the housing unit. My oldest son was taken into custody, and my
First Sergeant notified me to return to my housing unit where I was also taken into
custody. During the OSI interview, I admitted to the use of Marijuana during the
Christmas Holidays. I was also given a Urinalysis. The test results came back Negative
for drugs. J began my Psychiatric Consultations the next day. No one seemed to be
interested in the fact that I was already seeking help.

During my Psychiatric Evaluations and Therapy, it was discovered that I was
suffering a mental disorder called Disthymia. It is a chemical imbalance in the brain that
causes severe depression. They increased my dosage and the medication was treating it.
My Psychiatric Therapist believed that my use of Marijuana was an attempt to “self
medicate” trying to get over the depression. I was notified a few months later that I was
being charged with Marijuana use on base, and Introduction onto a Military Base. My
attorney advised me not to continue with the ADAPT Program after the initial visit, and
what I should do to start building a case. I was given the choice of facing a charge of
wrongful use, or applying for a Discharge in Lieu of Court-Martial.

The first submission of my Discharge request was for a General Discharge, which
was approved all the way up the chain of command, when it was returned. Gen. Regni,
returned it wanting it rewritten for a Discharge in Lieu of Court-Martial Under Other
Than Honorable Conditions. This was approved and I have been Discharged from the

Air Force since the 18" of December of 2001. I regret my actions and would like to get

my Discharge upgraded. My ultimate goal is to try to get back into the Military and
}D2ZE03- FOLC 45

finish out my term until retirement. I was dedicated to my job while in the Air Force and
would like to return to Active Duty. [have lost friends, and lost respect from people
important to me, but I have maintained my reputation for honesty and integrity. Even
though I was being prosecuted for my admitted offense, I worked hard to continue being
, a productive member of my shop, teaching classes and working on our new curriculum.
My family has changed much since this all began. My eldest son has joined the Navy. -
My youngest son is in the Navy ROTC program in school. Even my wife has sought
help. It is my belief that I have learned some very important lessons, and would have
much to say and do, not only in service to my country and the Air Force, but also on the
job and to the Airmen that are just coming into the military. They need guidance and I
would be honored.to help them leam from my mistakes instead of their own and having
the trouble that I had.
Please consider this request for an upgrade to my discharge. I have made a
grievous error, and would like to make it up by growing, learning, and becoming better

than I was before. Thank you.

Sincerely,

 saantinanenennaill
SSgt, USAF, Discharged
10219 Canton Field

San Antonio, TX. 78245
(210) 673-5227