- 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

mm!mm- 

TYPE 

PERSONAL APPEARANCE 

' ' t w A x %  
YES 

NAME OF COUNSEL AND OR ORGANIZATION 

NO 
X 

I 

8 

MEMBER SITTING 

I 

GRADE 

AFSNISSAN 

x 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

HEARING DATE 
19 Aug 2003 

CASE NUMBER 
FD-2003-00238 

Case heard at Washington, D.C. 

4 

BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE  TO THE BOARD 
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL  APPERANCE 

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

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

AFHQ FORM 0-2077, JAN 00 

SECRETARY OF TAE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCEARGE  REVLEW BOARD 
1535 COMMAND D R  EE WING, 3 R D  FLOOR 
ANDREWS AFB, MD 20762-7002 

I 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL 
RATIONALE 

CASE NUMBER 

FD-2003-00238 

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reason and 
authority for the discharge, and to change his reenlistment code. 

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:  IJpgrade of discharge and change of reason and authority for the discharge, and change of 
reenlistment code are denied. 

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

Issue.  Applicant was discharged for drug abuse as a result of a positive urinalysis for the metabolites of 
marijuana at twice the Department of Defense cut-off, which he now contends was a departure from his 
normal behavior.  The records indicated the applicant also had a Letter of Reprimand for failure to go. 
At the time of the discharge, member submitted matters indicating he was inadvertently involved when 
in the company of civilian friends, while they were smoking in the confines of a closed car over a 2-hour 
period.  Member claimed he was the victim of passive inhalation.  The Legal Review noted however 
that 2 1 days had elapsed from the date member said he was with his friends and the date he provided the 
urine sample.  According to the Legal Review, the fact that the sample was positive after that period of 
time would indicate chronic use rather than passive inhalation.  The Board concluded member's 
apparent misconduct was incompatible with Air Force standards and an extremely significant departure 
from conduct expected of all military members,  Member would have been well aware of the Air 
Force's  zero tolerance policy for drug abuse.  For the period of service under review, his misconduct 
was sufficient reason for receiving a general discharge. 

While the Board commends applicant  on his desire to  return to military  service,  and  is sympathetic to 
the  impact a General discharge has on his reenlistment  code, this is not a matter of equity or propriety 
that warrants an upgrade. 

CONCLUSIONS:  The Discharge Review Bmrd 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 A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 8 Jan 03 UP AFI 36-3208, 
para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable Discharge, and to 
Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 10 Jun 80.  Enlmt Age: 21 4/12.  Disch Age: 22 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-40,  E-41,  G-42,  M-31. PAFSC: 3P031 -  Security Forces. 
DAS: 26 Jan 02. 

b.  Prior Sv:  (1) AFRes 12 Oct 01 -  10 Dec 01  (1 month 29 days) (~nactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 11 Dec 01 for 6 yrs. Svd: 1 Yrs 0 Mo 29 Das, all AMS. 

b.  Grade Status:  AB  -  16 Dec 02  (Article 15, 16 Dec 02) 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 16 Dec 02, Barksdale AFB, LA -  Article 112a.  You did, 

within the continental United States, between on or 
about 28 Sep 02, and 29 Oct 02, wrongfully use 
marijuana.  Reduction to AB, forfeiture of $500.00 pay 
per month for 2 months, and 15 days extra duty. 
(No appeal)  (No mitigation) 

e.  Additional: LOR, 11 OCT 02 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: None. 

(Discharged from Barksdale AFB) 

h.  Awards &  Decs:  NDSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (2) Mos  (28) Das 
TAMS:  (1) Yrs  (0) Mos  (29) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 30 Jun 03. 

(Change Discharge to Honorable, Change the RE Code, Reason and Authority for 

Discharge) 

Issue 1:  I have no prior use of marijuana.  It was an error in judgement 

(sic) which I never thought would happen to airman like myself.  Drug abuse is a 
departure from my  customary behavior.  I provided a second urine sample to prove 
that the results came back with negative results.  I did everything in my nature 
from being discharged.  To the commander's discretion he did so.  I have no 
desire to engage in or intend to engage in drug abuse in the present and in the 
future.  My Air Force career meant the world to me.  Drug abuse took away what I 
worked so hard to build.  I regret being around the substance.  I sincerely 
apologize for embarrassing the Air Force.  I will do anything to bring credit 
back upon the Air Force and myself.  Allow me the chance to move past this 
incident and allow me to earn discharge upgrade to honorable so that one day I 
will be able to join the Air Force team again or another military branch of 
service.  I am a productive member in the United States Military and I promise 
that I will continue and give 110 percent in all I do.  Thank you for your time 
and consideration. 

ATCH 
1. AF Form 3070, Record of Nonjudicial Punishment Proceedings. 
2. Urinalysis Results. 
3. Applicant's Issues. 

DEPARTMENT OF THE AIR  FORCE 

HEADQUARTERS 2D BOMB WING (ACC) 

BARKSDALE AIR  FORCE BASE, LA 

MEMORANDUM FOR AB 

FROM:  2 SFSICCE 

SUBJECT:  Notification Memorandum 

p r r   ;.  ,J:\y 

1.  I  am 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, Chapter 5, Section H: Paragraph 
5.54.  If your discharge is approved, your service will be characterized as honorable or under 
honorable conditions (general).  I am recommending that your service be characterized as under 
honorable conditions (general). 

2. My reason for this action are as follows: 

a.  Between  on  or  about  28  Sep 02  and  on  or  about  29 Oct  02, you  wrongfully used 
marijuana as evidenced by a positive urinalysis  test.  For this incident, you  received  an  Article 
15, dated  16 Dec 02. 

b.  On or about 3 Oct 02, you failed to go at the time prescribed to your appointed  place 

of duty.  For this incident, you received  a letter of reprimand, dated  1 1  Oct 02. 

the  separation  authority. 

The  separation  authority  will  make 

3.  Copies of the documents to support this recommendation are attached and will be fonvarded 
to 
the  findings  and 
recommendations  required  under  10  U.S.C.  2005(g)  regarding  recoupment  of  education 
assistance funds, if applicable.  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 and any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

4.  You  have the right  to  consult  counsel.  Military  legal  counsel  has been  obtained  to assist 
you.  1 have  made  an  appointment  for  you  to  consult  Ccp f. 
, Area 
Defense  Counsel,  Building  4714,  third  floor,  phone  number'456-8355  at  /yo8  hours  on 
2 3 ~ O P  G  20 O ' L .   YOU may consult civilian counsel at your own expense. 

5.  You  have the right  to submit stztcments in your own behalf.  Any statements you want the 
separation  authority tc!  z~nsider must  reach  me by  1360  hours  on  d7 Bet  2002 
I  will  send  them  to ??c 
unless  you  rcgdest  and  receive  an  extension  for  good  cause  shonm. 
s e y .  ,,Ion  autnoriiy. 

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. 

7.  You  have been  scheduled  for a medical  examination.  You must report  to the  2d  Medical 
hours  on  2-  7 1 ) ~  c  - 20 - o 2 and  an 
Group,  Physical  Exam  Section  at  1 3 0 0  
additional examination will be scheduled if necessary. 

.  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 the unit orderly room. 

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

-  -- 
Section Commander, 2d  Security Forces 

- 

Attachments: 
1.  Supporting Documents 
2.  Receipt of Notification  Memorandum