/$NAME  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

I  GRADE 

(  AFSNISSAN 

I 

MEMBER SITTING 

1 

VOTE OF THE BOARD 

HON 

I 

GEN 

1  UOTHC 

OTHER 

I 

DENY 

3 

................................. 
ISSUES  A94.05 

INDEX  NUMBER 

A66.00 

HEARING  DATE 

03 Jun 2004 

CASE NUMBER 

FD-2001-0348 

Case heard at Washington, D.C. 

X 

1 
2 
3 
4 

EXHBITS SUBMITTED TO THE BOARD 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER  OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPEARANCE 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR 

550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, hlD 20762-7002 

AFHQ FORM 0-2077, JAN 00  .. 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2001-0348 

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 
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. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Administrative Discharge Board for possession of 40 grams of cocaine and wrongful 
use of 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.  Applicant states that his discharge did not take into account the good things he did while in the 
service. 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 DRB was pleased to see that the 
applicant was doing well and is paying his taxes.  However, no inequity or impropriety in his discharge was 
suggested or found in the course of the hearing.  Finally, the applicant contends that he should not be 
penalized indefinitely for a mistake he made when young.  The DRB noticed the applicant was 30 years of 
age when the discharge took place.  There is no evidence he was immature or did not know right from 
wrong.  The Board concluded the discharge was appropriate for the reasons which 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 

L 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former SSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a UOTH Disch fr USAF 86/09/12 UP AFR 39-10, 
para 5-49c (Misconduct -  Drug Abuse).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 55/12/16.  Enlmt Age: 21 4/12.  Disch Age: 30 8/12. Educ:HS DIPL. 
AFQT: N/A.  A-65,  E-40,  G-75,  M-55. PAFSC: 70270 -  Administrative Technician. 
DAS: 84/02/07. 

b.  Prior Sv: (1) AFRes 77/11/25 -  78/03/06  ( 3  months 9 days) (Inactive). 

(2) Enld as AB  78/03/07 for 4 yrs.  Ext 80/03/20 for 6 

months.  Ext 80/06/24 for 12 months, Ext 80/12/23 for 4 months.  Ext 81/02/18 for 
AMN  -  78/09/01.  A1C -  79/03/07. 
1 month.  Svd: 5 yrs 3 months 3 days, all AMS. 
SRA -  80/09/01.  SGT -  81/09/01.  SSGT -  82/10/29.  APRs: 9,9,9,9,9. 

3.  .SERVICE UNDER RBVIEW: 

a.  Reenld as SSGT 83/06/10 for 4 yrs. Svd: 03 Yrs 03 Mo 03 Das, of which 

AMS  is 3 yrs 2 months 5 days  (excludes 28 days lost time). 

b.  Grade Status:  none. 

c.  Time Lost:  85/08/14 thru 85/08/15 &  86/04/23 thru 86/05/20 (28 days). 

d.  Art 15's: none. 
e.  Additional: BOARD HEARING, 17 JUN  86 -  Possession of 40 grams of 

cocaine and wrongful use of marijuana. 

f.  CM:  none. 

g.  Record of SV: 82/06/24 -  83/06/23  Boerfink MTR  9  (Annual) 

83/06/24 -  84/01/05  Boerfink MTR  9  (CRO) 
84/01/06 -  85/01/05  Patrick AFB  9  (Annual) 
85/01/06 -  85/09/15  Patrick AFB  8  (CRO) 
85/09/16 -  85/12/25  Patrick AFB  7  (HAF Dir)REF 

(Discharged from Patrick AFB) 

h.  Awards &  Decs:  AFCM, AFAM, NCOPMER, AFLSAR W/1 OLC, AFOSLTR W/1 OLC, 

AFTR AFGCM W/1 OLC. 

i.  Stmt of Sv:  TMS:  (8) Yrs  (8) Mos  (21) Das 

e.  Testimony  o f   captain- 

e s t i f i e d  as 
t o  t h e   respondent's  outstandinq  duty  perEormance.  He  f u r t h e r   t e s t i f i e d   he 
d i d n ' t   b e l i e v e   the  charges  against  the  respondent. 

Captain 

respondent's  e x c e l l e n t   duty  performance.  She  f u r t h e r   t e s t i f i e d   the 
respondent  has  been  an  asset  t o   t h e   A i r   Force. 

TSgt -estif 

i e d   as  t o  t h e  

.g.  Testimony  o f   ~ ~ c j t -  

t o  t h e   respondent's  o u t X a n & i n g  duty  performance. 

~ s ~ t Q L l l D l b Y I  

t e s t i f i e d   as 

f. 

h. 

respondent's  outstanding  d u t y   performance  and  h i s   being  an  asset  t o  t h e   A i r  
Force. 

~ ~ ~ t m t e s t

i

f

i e d  
as  t o   t h e  

. L 

'i. Testimony  o f   Mrs. 
respondent  s, excel l e n t   d

u

r

n

,  Mrs - t e s t i f i e d  
.

 

as  t o   t h e  

\i* 

t e s t  i f  i e d  t h a t  
t h e   bag,containing  t h e  40  grams  o f   cocaine  had  been  l e f t   i n  t h e   r e n t a l   car 
he  was  d r i v i n g  by  a  f r i e n d   he  had  picked  up.  He  f u r t h e r   t e s t i f i e d  he  had 

m

S

S

g

 

f "   not  used  marijuana. 

4.  The  evidence  i n  t h e   record  i s  s u f f i c i e n t   t o   support  t h e   board's  f i n d i n g s  
by  a  preponderance  o f   t h e   evidence.  This  standard  i s  not  as  rigorous  as  t h e  
"beyond  a  reasonable  doubt"  standard  used  i n  courts-martial.  With  t h a t   i n  
t h e   f i n d i n g s   o f  t h e   board  are  w e l l   w i t h i n   t h e   preponderance  standards 
mind, 
as  required. 

I t  i s  recommended  t h a t   SSgt -be 

5 .  
than  honorable c o n d i t i o n s   s e r v i c e  c h a r a c t e r i z a t i o n   without  an  o f f e r   o f  

discharged w i t h   a  under  o t h e r  

and  rehabi 1 itati'on  opportunities. 
was  sentenced  i n  c i v i l i a n  court  t o  3  1/2  years  i n  p r i s o n   f o r  

I t  i s  f u r t h e r   noted  t h a t   SSgt 

t r a f f i c k i n g   i n  cocaine. 

colonel,  USAF 
S t a f f   Judge  Advocate 

1 

DEPARTMENT  OF  THE  A I R   FORCE 

FD2001-0353 

H E A D O U A R T E R S   A I H   F O R C F   T t ( : U N I C A L   A I ' P L I C A r I O N b   C t F 1 7 L H  

P A T R l C K   A I R   F O R C E  BASE.  F L O R I D A  32925-6001 

R E P L Y   TO 
A T T N  O F :   CCQ 
S U B J E C T   Letter of Notification -  Board Hearing 

2  DEC 2985 

1.  I am recommending your discharge from the United States Air Force for 
misconduct according to AFR  39-10, under the provisions of paragraph 5-49c. 
Copies of the documents to be forwarded to the separation authority to support 
this recommendation are attached. 

2.  My reasons for this action are: 

a.  On or about 14 Aug 85, you illegally possessed approximately 40 

grams of cocaine at or near Bartow, Florida.  You were arrested by civilian law 
enforcement agents for this infraction.  In addition, you were subsequently 
charged with trafficking in cocaine in violation of Florida law. 

b.  On or about 16 Aug  85, you wrongfully used marijuana.  This illegal 

activity was detected when a urine specimen you provided on 16 Auq 8 5  
tested positive for the presence of tetrahydrocannbinal (THC) the active ingre- 
dient of marijuana. 

, 

3.  Thie action could result in your separation with an Under Other Tban 
Honorable Conditions discharge.  I am recommending that you receive an Under 
Other Than Honorable Conditions discharge,  The commander exercising SPCM juris- 
diction or a higher authotity will make the final deci~ion in this ~natter.  If 
you are discharged, you will  be ineligible for reenl fatinant  in  tho  hi r  F o r w .  

4.  You have the right to: 

a.  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at a board hearing. 

d.  Submit statements in your own behalf in addition to, or in lieu of, the 

board hearing. 

e.  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 exqination.  You  muat report to the 
Patrick APB Hospital, Physical Exam Section, at 0700 on 6 Jan 86.  You 
must fast the evening before, i.e.,  you may drink water in the evening but can 
consume no food after 1800.  If you wear contact lenses, you must not wear them 
for 72 hours and should keep them in a water solution for the three day 
duration. 

, . 

6.  M i l i t a r y   l e g a l   counsel,   apt- P a t r i c k   AFB  FL,  494-4423  h a s   been 
obtained  t o  a s s i s t   you.  An  appointment  has  been  scheduled  f o r   you  t o  c o n s u l t  
him  a t  0900  on  2  J a n   86  i n   b u i l d i n g   4 2 5 ,   Room  3-109. 
I n s t e a d   of  t h e   appointed 
counsel,  you  may  have  another,  i f   t h e   lawyer  you  r e q u e s t   is  i n   t h e   a c t i v e  m i l i -  
t a r y   s e r v i c e   and  i s   reasonably  a v a i l a b l e   a s   determined  according  t o  AFM  111-1, 
I n   a d d i t i o n   t o  m i l i t a r y   counsel,  you  have  t h e   r i g h t   t o  employ  c i v i l i a n   counsel. 
The  ~ i r  Force  does  n o t   pay  expenses  i n c i d e n t   t o  t h e   employment  of  c i v i l i a n   coun- 
s e l .   C i v i l i a n   counsel,  i f   employed,  must  be  r e a d i l y   a v a i l a b l e .  

7.  Confer  with  your  counsel  and  r e p l y ,   i n   w r i t i n g ,   w i t h i n   seven  workdays,  spe- 
c i f y i n g   t h e   r i g h t s   you  choose  t o  e x e r c i s e .   The s t a t e m e n t   must  be  signed  i n   t h e  
presence  of your couneel who  a l s o   w i l l   mign  it.  I f   you waive  your r l g h t   Ca  a 
hearing  b e f o r e   an  a d m i n i s t r a t i v e   d i s c h a r g e   board,  you  may  submit  w r i t t e n   s t a t e -  
ments  in  your  own b e h a l f .  
w i t h   t h e   c a s e   f i l e  t o  be  considered  with  t h i s  recommendation. 
respond,  your  f a i l u r e  w i l l   c o n s t i t u t e   a  waiver  of  t h e   r i g h t   t o   t h e  board 
h e a r i n g  . 
8:  Any  personal  information  you  f u r n i s h   i n   r e b u t t a l   is  covered  by  t h e   Privacy 
A c t   Statement  ae  explained  i n  APR  39-10,  attachment  6 .   A  copy  of  AFR  39-10  is 
a v a i l a b l e   f o r   your  use  i n   t h e   Unit  Orderly  Room. 

I  w i l l   send  t h e   s t a t e m e n t s   t o   t h e   d i s c h a r g e   a u t h o r i t y  

If  you  f a i l  t o  

9.  Execute  t h e   a t t a c h e d   acknowledgement  and  r e t u r n   it t o  me  immediately. 

-commander,  Headquarters  Squadron 

/ 

,' 

3  Atch 
1.  Synopsis  of  AFOSI  D i e t   7 
Report  of  I n v e s t i g a t i o n ,   NR: 
8507D17-3084 

0  Nov  85 

Acknowledgement  of  Receipt  o f  
L e t t e r   of  N o t i f i c a t i o n