- . AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

GRADE AFSN/SSAN

 

 

 

PERSONAL APPEARANCE

 

x RECORD REVIEW

 

 

|_| NAME OF COUNSEL AND OR ORGANIZATION

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

MEMBER SITTING HON GEN ~ UOTHC OTHER DENY
| x
ay x
ay x
ay x
ly

 

 

 

 

 

 

ISSUES A94,05 INDEX NUMBER A67.30

 

 

   

ORDER APPOINTIN

APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

 

 

 

em [Gd le

 

 

    
 

CASE NUMBER

FD-2003-00338

HEARING DATE

20 Nov 2003

 

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

SAF/MRBR
550 C STREET WEST, SUITE 40

RANDOLPH AFB, TX 78150-4742

 

 
 
 

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE

 

 

 

    
 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

1535 COMMAND DR, EE WING, 3RD 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-2003-00338

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

     
    

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exetcise 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 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 contends discharge was inequitable because it was too harsh. The records indicated the
applicant received a General Discharge for Misconduct, specifically, for Commission of a Serious Offense.
The applicant plead guilty during a Special Court Martial 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. The DRB took note
of the applicant's duty performance as documented by his performance reports, letters of recommendation
and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects
of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons that
were the basis for this case.

    
     
   
   
   
      
   

  

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
FD2003-00338
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SRA) (HGH TSGT)

 

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 4 Nov 99 UP AFI 36-3208,
para 5.52 (Misconduct - Commission of a Serious Offense). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 14 Aug 63. Enlmt Age: 18 2/12. Disch Age: 36 2/12. Educ:HS DIPL.

AFOT: N/A. A-53, E-60, G-66, M-54. PAFSC: 4N051 - Medical Service Journeyman.
DAS: 7 Jun 94.

b. Prior Sv: (1) AFRes 13 Nov 81 - 8 Apr 82 (4 Months 27 Days) (Inactive) .

(2) Enld as AB 9 Apr 82 for 4 yrs. Reenld as SRA 1 Apr 86
for 4 yrs. Ext: 27 Oct 89 for 21 months. Reenld as SSgt 27 Mar 90 for 4 yrs.
Ext: 20 Jun 91 for 9 months. Reenld as SSgt 22 Oct 93 for 4 yrs. Svd: 15 Yrs 0
Mos 21 Das, all AMS. AMN - (EPR Indicates): 9 Apr 82 - 8 Apr 83. A1C - (EPR
Indicates): 9 Apr 83 - 8 Apr 84. SrA - 9 Apr 85. SSgt - 1 Sep 89. TSgt - 1 Jan
97. APRs: 9,9,9,9,9,9,9,9. EPRs: 5,5,5,5,5,5,5,5.

3. SERVICE UNDER REVIEW:

a. Reenld as TSgt 30 Apr 97 for 4 yrs. Svd: 2 Yrs 6 Mo 6 Das, of which AMS
is 2 Yrs 5 Mos 12 Das (Ex: 24 Das lost time)

b. Grade Status: SrA - 29 Jun 99

c. Time Lost: 15 Jun 99 - 8 Jul 99) 24 Days

d. Art 15’s: None.

e. Additional: None

f. CM: Special Court Martial Order No. 4, 8 Jul 99.
CHARGE: Article 112a. Plea: Guilty. Finding: Guilty.
Specification: Did, on divers occasions, at or near Altus AFB,
OK, between on or about 30 Jul 98 to about 29 Jan 99, wrongfully
use marijuana. Sentence adjudged on 15 Jun 99. Confinement for

30 days and reduction to the grade of Sra.

g. Record of SV: 2 Mar 97 - 1 Mar 98 Altus AFB 5 _ (Annual)
2 Mar 98 - 1 Mar 99 Altus AFB 1 (Annual) REF

(Discharged from Altus AFB)
FD2003-00338

h. Awards & Decs: AFAM W/1 DEV, AFCM W/1 DEV, AFLSA W/3 DEV, AFTR,
AFOLTR, NDSM, SAEMR, NCOPMER W/2 DEV, AFOUA W/3 DEV, AFOEA, AFGCM W/4 DEV.

i. Stmt of Sv: TMS: (17) Yrs (10) Mos (29) Das
TAMS: (17) Yrs (6) Mos (3) Das

?

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 16 Jul 03.
(Change Discharge to Honorable)

Issue 1: My discharge was inequitable because it was based on one isolated
incident in 17.5 years of flawless service.

Issue 2: My discharge was not the result of court martial, it was based on
Commander's recommendation. I recieved (sic) an administrative discharge after
my court martial board ruled that discharge action was not warranted.

ATCH
1. Character References (7)

22 Jul 03/cr
. [7L°200 2? - 00 P 9 &
JEPARTMENT OF THE AIR FORCE

Air Education and Training Command
Altus Air Force Base, Oklahoma

ant Du F>

 

MEMORANDUM FOR ea
FROM: 97 MDOS/CC

SUBJECT: Notification Letter--Board Hearing

1. Iam recommending your discharge from the United States Air Force for commission of a
serious offense according to AFPD 36-32 and AFI 36-3208, paragraph 5.52.3. Copies of the

documents to be forwarded to the separation authority to support this recommendation are
attached.

2. My reason for this action is: At or near Altus Air Force Base, Oklahoma, between on or
about 30 July 1998 and about 29 January 1999, on divers occasions, you wrongfully used
marijuana. For this misconduct you plead guilty and were found guilty in a special court-martial.

This action could result in your separation with a general discharge. | am recommending that
you receive a general discharge. The commander exercising SPCM jurisdiction or a higher
authority will make the final decision in this matter. 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 and any special pay, bonus, or education funds may be subject to recoupment.

3. You have the right to:

Consult legal counsel.

Present your case to an administrative discharge board.

Be represented by legal counsel at a board hearing.

Submit statements in your own behalf in addition to, or in lieu of, the board hearing.
Waive the above rights. You must consult legal counsel before making a decision to
waive any of your rights.

cB o TP

4. You have been scheduled for a medical examination. You must report to the base hospital,

physical exams, at 744 O on RG SVL SY

 

5. You have been scheduled for an initial separation briefing with MPF Separations. You must

report to Bldg 52, at //Oo on DUC FY

6. Military legal counsel has been obtained to assist you. I have made an appointment for you to
consult CGpGRMgtwaat Building 52 on Sul FY at LONE . Instead of the
appointed counsel, you may have another, if the lawyer you request is in the active military
service and is reasonably available as determined according to AFI 51-201. In addition to
FiP2003 - OO FPF

military counsel, you have the right to employ civilian counsel. The Air Force does not pay

expenses incident to the employment of civilian counsel. Civilian counsel, if employed, must be
readily available.

7. Confer with your counsel and reply, in writing, within 7 workdays, specifying the rights you
choose to exercise. The statement must be signed in the presence of your counsel who also will
sign it. If you waive your right to a hearing before an administrative discharge board, you may
submit written statements in your own behalf. I will send the statements to the discharge
authority with the case file to be considered with this recommendation. If you fail to respond,
your failure will constitute a waiver of the right to the board hearing.

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. If you request a board and you fail to appear without good cause, your failure to appear
constitutes a waiver of your right to be present at the hearing.

10. The discharge board or, the discharge authority will make the finding and recommendations
required under 10 U.S.C. § 2005(g).

11. Execute the acknowledgment and return it to me immediately.

 

Attachments:
a. AF Form 1359, dtd 15 Jun 99
b. Memo for 97 MDOS/CC - Positive Drug Urine Test