AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE xX | RECORD REVIEW

 

NAME OF COUNSEL AND OR ORGANIZATION

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

MEMBER SITTING HON GEN UOTHC | OTHER DENY
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INDEX NUMBER A66.00

   

1 ORDER APPOINTING THE BOARD

2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION

4 BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

 

 

 

 

 

 

HEARING DATE CASE NUMBER

FD-2003-00387

20 Nov 2003

Case heard at Washington, D.C.

submit an application to the AFBCMR

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

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

 

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

 

 

 

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-2003-00387

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: The Board grants partial relief. Upgrade of Discharge and change of reason for discharge is
approved. Change of reenlistment code is denied.

The Board finds that neither the evidence of record or that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s discharge and reason and authority for discharge

inequitable.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Article 15 for wrongfully using amphetamines. Additionally, he received two Records
of Individual Counseling for missing a scheduled appointment and for being absent from his work area. This
case is unique in that the applicant was given a prescription for weight loss drugs from his family doctor in

Mexico prior to enlistment. The applicant lost 103 pounds in order to join the Air Force. When he arrived at
his first duty station, he began to put on weight again and resumed taking the previously prescribed and
filled prescription for the weight loss pills. The Board gave the benefit of doubt to the applicant and
believed that he did not know the prescription he was taking contained amphetamines and that he was
reasonably relying on a valid prescribed drug from a licensed physician. The Board opined that this was not
your typical drug abuse case and cannot see the applicant going through life with a discharge for drug abuse.

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. However, in view of
the foregoing findings, the Board further concludes that the overall quality of applicant’s service is more
accurately reflected by an Honorable discharge and the reason for the discharge is more accurately described

as Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment:
Examiner's Brief
FD2003 -00387
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former A1C) (HGH A1C)

 

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 6 Nov 01 UP AFI 36-3208,
para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Discharge, Change of
Reentry Code, Reason and Authority.

2. BACKGROUND:

a. DOB: 24 Jun 82. Enilmt Age: 18 2/12. Disch Age: 19 4/12. Educ:HS DIPL.
AFOT: N/A. A-59, E-43, G-46, M-30. PAFSC: 2T031 - Traffic Management
Apprentice. DAS: 27 Apr 01.

b. Prior Sv: (1) AFRes 14 Sep 00 ~ 27 Nov 00 (2 Months 14 Days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enld as A1C 28 Nov 00 for 4 yrs. Svd: 0 Yrs 11 Mos 10 Das, all AMS.

b. Grade Status: None.

c. Time Lost: None

d. Art 15’s: (1) 28 Aug 01, Cannon AFB, NM - Article 112a. You did,
from on or about 10 Apr 01 to on or about 19 Jul O01,
wrongfully use amphetamines, a schedule 1 controlled
substance. Suspended reduction to AMN, forfeiture of
$100.00 pay per month for 2 months, and 15 days extra
duty. (No appeal) (No mitigation)

e. Additional: RIC, 2 OCT 01 ~ Unauthorized absence from work area.
RIC, 3 AUG 01 - Missed a scheduled appointment.

f. CM: None.
g. Record of SV: None.

(Discharged from Cannon AFB)
h. Awards & Decs: AFTR.~ |

i. Stmt of Sv: TMS: (1) Yrs (1) Mos (24) Das
TAMS: (0) Yrs (11) Mos (10) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 7 Aug 03.
(Upgrade Discharge to Honorable, Change Reentry Code, Reason and Authority)
FD2003-00387

NO ISSUES SUBMITTED

ATCH
None.

10 Sep 03/cr
fF P2O03- 0036 Y
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 27th FIGHTER WING (ACC)
CANNON AIR FORCE BASE NEW MEXICO

 

OCT 23 2001

 

MEMORANDUM FORsi
FROM: 27 LGT/CC
SUBJECT: Notification Memorandum

1. I am recommending your discharge from the United States Air Force for drug abuse
according to AFPD 36-32 and AFI 36-3208, under the provisions of paragraph 5.54 of AFI 36-
3208. Copies of the documents to be forwarded to the separation authority to support this
recommendation are attached.

2. My reasons for this action are:

From on or about 10 Apr 0! to on or about 19 Jul 01, you wrongfully used ampethtamines, a
schedule I controlled substance.

3. This action could result in your separation with a general discharge under honorable
conditions. I am recommending that you receive a general discharge under honorable conditions.
The commander exercising SPCM authority 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.

4. You have the right to:
Consult legal counsel
b. Submit statements in your own behalf

c. Waive the above rights. You must consult legal counsel before making a decision to
waive any of your rights.

5. You have been scheduled for a medical examination. You must report to the 27th Medical
Group on 23 OG Dr at |YOO _ hours.

  

6. Military legal counseyysalilill se Wie_Building 600, Cannon AFB, (505) 784-
2915, has been obtained to assist you. An appointment will be made for you to consult her. You
may consult civilian counsel at your own expense.

7. Confer with your counsel and reply, in writing, within 3 duty days, specifying the rights you
choose to exercise. I will send any statements made 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.
[O22 002? ~COB8Y

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 at the Cannon AFB Legal Office, (505) 784-2211.

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

    

Commander,27LGT

Attachment:
Article 15 action, dated 28 Aug 01.