, AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
nahn AB wile
TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW

= COUNS: NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

    
 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBER SITTING HON GEN UOTHC | OTHER DENY
x
x
x
x
xX
ISSUES A92.2 1 INDEX NUMBER A67.70 XHIB A
A93.01 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
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE
HEARING DATE CASE NUMBER
17 Dec 2003 FD-2003-00421

   

x)

APPLICANT S ISSUE ANI ARD'S DECISIO

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 night to
submit an application to the AFBCMR.

 

   
 

 
 

SIGNATURE OF RECORDER

   

Rd EEG Sa
ee ns

      
 

 

TO: FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAF/MRBR AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AEB, TX 78150-4742 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-2003-00421

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

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

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

FINDINGS: Upgrade of discharge, change of reason and authority for discharge, and change of
reenlistment code are 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 on the propriety and equity of his discharge 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 tested positive during a random urinalysis and received an Article 15 for the wrongful
use of marijuana. The applicant stated his use was a one-time deal, an experiment; however, his enlistment
records show he admitted to using marijuana prior to entry into the Air Force. At the time of discharge, the
Air Force’s drug policy was well publicized and members were continually made aware that illegal drug use
was not tolerated. The Board concluded the disciplinary infraction was a significant departure from the
conduct expected of all military members. The DRB concluded that the characterization of the applicant’s

discharge was appropriate due to the misconduct.

The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of
discharge.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements o f the discharge regulation and w as 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
FD2003-00421
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

“ee, (Former AB) (HGH A1C)

 

sent _ MISSING MEDICAL RECORDS
1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 12 Oct 01 UP AFI 36-
3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable Discharge, to

Change the RE Code, Reason and Authority for Discharge.
2. BACKGROUND:

a. DOB: 16 Mar 82. Enlmt Age: 18 5/12. Disch Age: 19 6/12. Educ: HS DIPL.
AFQT: N/A. A-72, E-56, G-48, M-43. PAFSC: 2W131K - Aircraft Armament Systems
Apprentice. DAS: 14 Jun 01.

b. Prior Sv: (1) AFRes 14 Sep 00 - 16 Oct 00 (1 month 3 days) (Inactive).

3. SERVICE UNDER REVIEW:
a. Enlisted as Amn 17 Oct 00 for 6 yrs. Svd: 0 Yrs 11 Mo 26 Das, all AMS.

b. Grade Status: AB - 13 Sep 01 (Article 15, 13 Sep 01)
A1C - 1 Dec 00

c. Time Lost: None.

d. Art 15's: (1) 13 Sep 01, Barksdale AFB, LA - Article 112a. You did,
within the continental United States, between on or
about 16 Jun 01 and on or about 16 Jul 01, wrongfully
use marijuana. Reduction to AB, 45 days extra duty, and
a reprimand. (No appeal) (No mitigation)

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

i. Stmt of Sv: TMS: (1) Yrs (0) Mos (28) Das
TAMS: (0) Yrs (11) Mos (26) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 12 Oct 01.
(Change Discharge to Honorable, Change the RE Code, Reason and Authority for
Discharge)
FD2003-00421

Issue 1: | TA, \20120n, ssa [aii am asking that my

discharge and reentry code be over turned. I have had plenty of time to ponder
on what actions I should have taken before the incident occurred. I wrongfully
used Marijuana while in the military. It was only a one time deal, an
experiment. I assure you I will never participate in that kind of conduct
again.

I have turned my life around since then. I now have a 1 year-old son and a
wonderful wife. I hope that you can change that part of my life so that I can
maybe have a second chance at being apart of the United States Military again.

Thank you for your time and consideration. I hope that these references can
help your decision.

ATCH
1. Three Character References.

20CTO3/ia
Fp200 3 -Yz]

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 2D BOMB WING (ACC)
BARKSDALE AIR FORCE BASE, LOUISIANA

 

MEMORANDUM FOR AB

 

FROM: 20 BS/CC

SUBJECT: Notification Letter — Administrative Discharge

1. Iam 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, para 5.54. If my recommendation is
approved, your service may be characterized as under honorable conditions (general).

2. My reasons for this action are as follows: Between 16 Jun 01, and 16 Jul 01, you wrongfully
used marijuana, as evidenced by an Article 15, (Tab A).

3. Copies of the document(s) referenced above have been attached and will be forwarded to the
separation authority in support of this recommendation. The commander exercising SPCM
"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.

4. You have the right to consult military counsel. Military legal counsel, Capt Gis Are:
Defense Counsel (ADC) for Barksdale AFB, Extension 6-8355, Building 4714 (gym annex
building), third floor, has been obtained to assist you. An appointment has been scheduled for
you to consult with the ADC on Q7 Sep o\ at _|Yoo hrs. You may consult civilian
counsel at your own expense.

 

5. You have the right to submit statements in your behalf. Any statements you want the
separation authority to consider must reach me within three (3) duty days, unless you request and
receive an extension for good cause. I will send any statements that you provide to the separation
authority.

6. If you fail to consult counsel or fail to submit statements in your behalf, you will waive the
right to do so.

7. You have been scheduled for a medical examination. You must report to Flight Medicine
with your medical records for the appointment. Your appointment is on at
hrs. Pp HysiCa| Exams 23 Sep O800 Weth modicor Records

Famiw PracTice {| OCt O150

8. You have been scheduled for a Pre-separation Counseling briefing. You must report to the
Family Support Center, Bldg 4713, ato$30 on 4 Oc+ o1 _ for the briefing.
FY 2003 -c0Ff Rl

9. Any personal information that you furnish in rebuttal is covered by the Privacy Act of 1974.
A copy of AFI 35-3208, the AFI governing this case, is available for your use in your unit
Orderly Room.

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

 
   

. SOE Col, USAF
pommander, 20 BS

Attachments:

1. Acknowledgment/Receipt of Notification of Memorandum
2. Supporting Document (Tab A)