NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I  GRADE 

I  AFSNISSAN 

ISSUES 

A94.53 

I  INDEX NUMBER 

A66.1111 

HEARIKG  DATE 
29 Oct 2003 

I 

CASE NUMBER 

Case heard at Washington, D.C. 

1 
ORDER APPOINTING THE BOARD 
2 
APPLICATION FOR REVIEW OF DISCHARGE 
3 
LETTER OF NOTIFICATION 
4  1  BRlEF OF PERSONNEL FILE 

I  COUNSEL'S  RELEASE TO THE BOARD 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

1 

I  TAPE RECORDING OF PERSONAL APPERANCE 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

TO: 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

FROM. 

SECRETARY OF TEE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
I535 COMMAND DR.  EE WING, 3RD FLOOR 
ANDREWS AFg, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00200 

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 that would justify  a change of 
discharge. 

Issues.  Applicant was discharged for a pattern of misconduct and drug abuse (marijuana), for which 
member received at least two Articles 15, a Letter of Reprimand, an Unfavorable Information File, and was 
placed on the Control Roster.  Although the discharge documents are not available for review, a copy of 
member's  Special Security File, and review of an Air Force Office of Special Investigations Report of 
Investigation confirmed member's misconduct and drug abuse.  These records disclosed member had a 
civilian arrest for driving under the influence. Member's drug use was revealed through a random urinalysis 
returned positive for 97 nanograms of tetrahydrocannabinol, well above the Department of Defense cutoff 
of 15 nanograms.  Three witness statements corroborated this drug abuse. Additionally, member provided 
alcoholic beverages to underage individuals, had alcoholic beverages in the dormitory, and failed to remain 
in his dormitory during curfew hours, per one of his Articles 15.  Lacking any evidence from the applicant 
to the contrary, the Board relied on the presumption of regularity and found no wrongful action by the Air 
Force.  At the time of the discharge, the Air Force's drug policy was well publicized and members were 
continually made aware that illegal drug use was not tolerated.  Marijuana use is viewed as a very serious 
failure to meet Air Force standards.  The Board noted that because drug abuse is not compatible with Air 
Force standards, the characterization of service member received is warranted; the discharge was proper and 
without basis for upgrade.  The Board also noted that member was age 24 to 25 when his offenses occurred, 
the same age as other airmen who adhere to standards. He was counseled repeatedly in an effort to help him 
correct his deficiencies.  In spite of those rehabilitative efforts, he was unwilling or unable to improve his 
behavior.  The Board concluded applicant knew right from wrong and was responsible for his actions, and 
therefore was held accountable for them.  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 

DEPARTMENT  OF  THE  AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AB)  (HGH AlC) 

MISSING  DOCUMENTS 

1 .   MATTER  UNDER  REVIEW:  Appl rec'd a GEN Disch fr USAF 5 Apr 02 UP AFI 36-3208, 
para 5.50 &  5.54  (Pattern of Misconduct &  Drug Abuse).  Appeals for Honorable 
Dischage. 

2 .   BACKGROUND: 

a. DOB: 27 Sep 76.  Enlmt Age: 24 6/12.  Disch Age: 25 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-83,  E-76,  G-59,  M-62. PAFSC: 33231 -  Pavements &  Construction 
Equipment Apprentice. DAS: Unknown. 

b.  Prior Sv: None. 

3 .  

SERVICE  UNDER  REVIEW: 

a.  Enlisted as A m  5 Apr 01 for 6 yrs. Svd: 1 Yrs 0 Mo 1 Das, all AMS. 

b.  Grade Status:  AB  -  6 Sep 01 (Article 15, 6 Sep 01) 

A1C -  1 Jun 01 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 20 Mar 02, Whiteman AFB, MO -  Article 112a.  You, did, 

on or about 22 Dec 01 to on or about 22 Jan 02, 
wrongfully use marijuana.  Suspended forfeiture of 
$552.00 pay per month for two months.  Thirty days extra 
duty, 30 days restriction, and a reprimand. (No appeal) 
(No mitigation) 

(2) 6 Sep 01, Fort Leonard Wood, MO --Article 92.  You did, 
at or near Fort Leonard Wood, MO, on or about 15 Aug 01, 
violate a lawful general instruction, to wit: SAFBI 36- 
2902, para 2.1.11, dated 15 Oct 97, by wrongfully 
prividing alcoholic beverages to individuals who were 
under the legal drinking age of 21 and wrongfully 
possessing alcoholic beverages in the dormitory.  You 
did, at or near Leonard Wood, MO, on or about 15 Aug 01, 
violate a lawful general instruction, to wit: SAFBI 36- 
2902, para 7.3.4, dated 15 Oct 97, by wrongfully failing 
to return to and remain in your assigned dormitory from 
2200 until 0400.  Reduction to AB,  and forfeiture of 
$200 .OO pay.  (No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Whiteman AFB) 

h.  Awards &  Decs :  AFTR. 

i.  Stmt of Sv:  TMS: (1) Yrs  (0) Mos  (1) Das 
TAMS: (1) Yrs  (0) Mos  (1) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 19 Apr 03. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None.