AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

a:

—

GRADE AFSN/SSAN

AMN

 

 

     

PERSONAL APPEARANCE

X RECORD REVIEW

 

|” COUNSEL NAME OF COUNSEL AND OR ORGANIZATION

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

YES NO
Xx
MEMBERS SITTING

VOTE OF THE BOARD

Li

 

HON GEN LOTHC | OTHER DENY

 

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13 AUG 03 FD2003-0247

ISSUES INDEX NUMBER | ‘EETS SUBMITTED ‘TO THE BOARD
A95.00 A66.00 1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE

 

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.

submit an application to the AFBCMR.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

 

SIGNATURE OF RECORDER

   
  

   

 

 

 

ENDORSEMENE: . DATE: 13 AUG 03
| 10: FROM: 4
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 FD-2003-00247

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.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the
available service record. The Board reviewed the entire record and found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge. The records indicated applicant received
an Article 15 for wrongfully using marijuana. The Board concluded the misconduct was a significant

departure from conduct expected of all military members. The characterization of the discharge
received by the applicant was found to be appropriate.

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
FD2003-00247

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

—_—_- (Former AMN) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 21 FEB 02 UP AFI 36-
3209, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 15 Mar 02. Enlmt Age: 18 0/12. Disch Age: 19 11/12. Educ: HS DIPL.
AFOT: N/A. A-65, E-46, G-46, M-42. PAFSC: 4N031 - Medical Service Apprentice.

DAS: 9 Mar O01.

b. Prior Sv: (1) AFRes 16 Mar 00 - 1 Aug 00 (4 months 17 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as AB 2 Aug 0O for 4 yrs. Svd: 1 Yrs 6 Mo 20 Das, all AMS.

b. Grade Status: AMN - 19 Jan 02 (Article 15, 10 Jan 02)
AlC - 02 Dec O1
AMN - 02 Feb O01

c. Time Lost: None.

d. Art 15's: (1) 10 Jan 02, Travis AFB, CA - Article 112a. You, did in
the state of California, on or about 17 Nov 01,
wrongfully use marijuana. Reduction to Amn, suspended
reduction to AB, forfeiture of $200.00 pay per month for

2 months, and 30 days extra duty. (No appeal) (No
mitigation)

e. Additional: None.
£. CM: None.
g. Record of SV: None.
(Discharged from Travis AFB)
h. Awards & Decs: AFOUA, AFTR.

i. Stmt of Sv: TMS: (1) Yrs (11) Mos (6) Das
TAMS: (1) Yrs (6) Mos (20) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 21 Aug 02.
(Change Discharge to Honorable)
FD2003-00247

NO ISSUES SUBMITTED.

ATCH
None.

20JUN03/ia
Pp2e03 ~ 00247

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DEPARTMENT OF THE AIR FORCE
60TH SURGICAL OPERATIONS SQUADRON (AMC)

 

MEMORANDUM FOR AMN SS ilies 60 viscs

FROM: 60 MSGS/CC 04 FEB 7007

101 Bodin Circle
Travis AFB CA 94535-1800

SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force pursuant to
AFI 36-3208, paragraph 5.54, Misconduct, Drug Abuse. If my recommendation is approved,
your service may be characterized as Honorable, General, or Under Other Than Honorable
Conditions. I am recommending that your service be characterized as General.

. 2. My reason for initiating this action is that on or about 17 Nov 01, you wrongfully used
marijuana, in violation of Article 112a, UCMJ. Your urine specimen was tested at Brooks AFB
Laboratory and found to contain 69 ng/mL of Tetrahydrocannabinol (THC), which is more than
4 times over the DoD cutoff of 15 ng/mL. For this misconduct, you received an Article 15, dated
31 Dec 01, with establishment of an unfavorable information file (UIF) on 10 Jan 02 (Atch 1,
Tab 1). Punishment consisted of reduction to the grade of airman, suspended reduction to the
grade of airman basic, forfeiture of $200.00 pay per month for 2 months, and 30 days of extra

duty.

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising SPCM jurisdiction, or a higher
authority, will decide whether you are to be discharged or retained in the Air Force, and if you
are discharged, how your service should be characterized. If you are discharged, you will be
ineligible for reenlistment in the Air Force, and any special pay, bonus monies, or education
assistance funds may be subject to recoupment.

4. You have the right to consult with an attorney. Military legal counsel has been obtained to

assist you. I have made an appointment for you to speak with Captain annette.

Area Defense Counsel, 540 Airlift Drive, Bidg. 381, Suite D-100, Travis AFB, California,

94535-2479, DSN 837-4569; Commercial: (707) 424-4569, on 5 Ze OR at Dfee .
You may also consult civilian counsel at your own expense.

5. You have the right to submit statements on your own behalf. Any statements you wish the
separation authority to consider must reach me by (three workdays from service of this letter)

7 FEB ORB , ho later than /4.4.5" _ hours, unless you request and receive

an extension for good cause. I will send the separation authority any documents you submit.
c ) Epze03- c02Y¥7

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

7. You have been scheduled for a separation physical examination on 7 Feb 02 at 1030. You
also have an appointment at the Primary Care Clinic on 7 Feb 02 at 1055 to consult with

Dr. Yap.

 

8. Any personal information you furnish in rebuttal will be covered by the Privacy Act of 1974.
A copy of AFT 36-3208 is available for your use in the Orderly Room.

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

  

olonel, USAF, MC

Commander

Attachment:
AF Form 3070, 31 Dec 01, w/Atchs