AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

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PERSONAL APPEARANCE

 

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NAME OF COUNSEL AND OR ORGANIZATION

  

 

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MEMBERS SITTING
ISSUES INDEX NUMBER ‘ a i
A94.05 A66.00 ORDER A APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
"3, | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
8 AUG 03 FD2003-0240

HERATION

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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.

 

  

COUNSEL’S RELEASE TO THE BOARD

 

  
  

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

    
 

 

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

SIGNATURE OF RECORDER

SIGNATURE OF BOARD PRE

 

 

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

 

 

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

Previous edition will be used.
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0240

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 discharge 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.

ISSUES: Applicant does not contest his discharge. He merely states that he was never instructed that he
had failed a urinalysis test and that if he worked undercover for the OSI, he would be kept in the Air Force.
These issues are without merit. The applicant never did have a urinalysis test, nor was one requested, so he
is correct in stating that he was never instructed about such a test. The Commander looked closely at the
specific circumstances of the offense and of the applicant’s cooperation with the OSI and with the local
Sheriff's office; however, when the Commander decided to discharge the applicant, he informed the
applicant that he was going to be discharged with a General Discharge. The applicant, on 16 Feb 00, signed
the memorandum acknowledging that he has been notified about the discharge for drug abuse and
understood the characterization for discharge was going to be General. The record indicates the applicant
received a General Discharge for Misconduct, specifically, Drug Abuse. The applicant admitted to the OSI
that he smoked 2 or 3 times. The Board found the seriousness of the willful misconduct offset any
positive aspects of the applicant’s duty performance. The Board found no evidence of any inequity or
impropriety on which to base a decision to upgrade the discharge.

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
FD2003~00240
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MND

aa

ee (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 3 Mar 00 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: 18 Apr 80. Enlmt Age: 17 9/12. Disch Age: 19 10/12. Educ: HS DIPL.
AFQT: N/A. A-45, E-73, G-57, M-83. PAFSC: 1C131 ~ Air Traffic Control.
DAS: 21 May 99.

b. Prior Sv: (1) AFRes 22 Jan 98 - 11 Aug 98 (6 Months 21 Days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enld as AMN 12 Aug 98 for 6 yrs. Svd: 1 Yr 6 Mos 20 Das, all AMS.
b. Grade Status: A1C - 26 SEP 98
¢. Time Lost: None.
d. Art 15's: None.
e. Additional: LOR, 8 FEB 00 - Possession and uge of marijuana.
£. CM: None.
g. Record of SV: None.
(Discharged from Tyndall AFB)
h. Awards & Decs: APTR, AFOUA.

i. Stmt of Sv: TMS: (2) Yrs (1) Mos (10) Das
TAMS: (1) Yrs (6) Mos (20) Das

4.. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 9 May 03.
(Upgrade Discharge to Honorable, and Change Reentry Code, Reason and
Authority)

Issue 1: I was never instructed that I had "failed" a urinalisis (sic) test

Issue 2: I was informed by the OSI that if I worked "undercover" for them,
I would be kept in the Air Force, possibly with an administrative punishment of
some kind.
FD2003-00240

Issue 3: I did work for the OSI for quite some time, but was told (after
they got all the work from me they needed) that I was to be discharged with an
honerable (sic) discharge, and will be able to reenlist at a "later date." As
you can see, I did not recieve (sic) an Honerable (sic) Discharge.

ATCH
1. Applicant's Congressional Letter.

* 18Jun03/cr
272.003 -BD02¥OD

DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND

 

15 FCB Oo

MEMORANDUM FOR AIRMAN FIRST CLASS#i

 

FROM: 325 OSS/CC

SUBJECT: Notification Memorandum—Administrative Discharge

1. I am recommending your discharge from the United States Air Force for Drug Abuse. The
authority for this action is Air Force Policy Directive 36-32 and Air Force Instruction 36-3208,
Chapter 5, Section H, para 5.54, Misconduct. If my recommendation is approved, your service
will be characterized as honorable or general. I am recommending your service be characterized
as general.

2. My reasons for this action are:

You did, on or about 1 Oct 99 and 31 Oct 99, wrongfully use marijuana,.as evidenced by a
Letter of Reprimand, dated 8 Feb 00 (Atch 1a), and your own written statement to AFOSI, as
evidenced by an AF Form 1168, Statement of Suspect/Witness/Complainant, dated 15 Nov 99
(Atch 1b).

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. If you
are discharged, you will be ineligible for reenlistment in the Air Force and will probably be
denied enlistment in any component of the armed forces.

4. You have the right to consult legal counsel. Military legal counsel has been obtained to assist
you. An appointment has been made for you to consult CapSMMMMMMS Arca Defense
Counsel, Bldg. 1005 (3-2911) at_O 200 on ¢ ee 06. You may consult civilian
legal counsel at your own expense.

5. You have the right to submit statements on your own behalf. Any statements you want the |
separation authority to consider must reach me within three (3) workdays unless you request and
receive an extension, in writing, for showing good cause. I will send them to the separation
authority.

“= 6. If you fail to consult counsel or submit statements in your own: behalf, your failure will
constitute a waiver of your right to do so.

 

PR, OFFICIAL USE ONLY
FC2007- 0624 DO

7. You have been scheduled for a medical records check as part of this discharge process. You
must report to the NCOIC, Physical Examinations, Building 1309, Monday, Tuesday, Thursday
or Friday between 1330 and 1500 to complete this medical records check.

8. You have been scheduled for a separations briefing. You must report to 325 MSS/DPMAR
(Separations) section at_ 1630 onjGREod_.

9. Any personal information you furnish in rebuttal is covered by the Privacy Act. A copy of
*AFI 36-3208 is available for your use in the unit personnel office.

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

   

SEEN Lt Col, USAF
Commander, 325 OSS

Attachments:

la. Letter of Reprimand, 8 Feb 00

1b. AF Form 1168, 15 Nov 99

2. Airman’s Receipt of Notification Memorandum

FOR OFFICIAL USE ONLY: