NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

1  AIC 

I  RECORDREVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

*

 

I

I 

TYPE GEN 

PERSONAL APPEARANCE 

kecO"sw 

*, 

NAME OF COUNSEL AND OR ORGANIZATION 

YES 
X 

MEMBER SITTING 

. . . . . . . . . . . . - . - - 
HON 

I 

. . . . . . . . . . . . . - . 
GEN 

I  UOTHC 

. . . . . . . . . . . . . . . . . . . . -. . 
I  OTHER 

I  DENY 

VOTE OF THE BOARD 

I 

I 

I 

ISSUES  A91.53 

INDEX NllhlBER 

A66.00 

I 

- EXIIIBITS SUBMITTED TO I'HE BOARD 

I 

I 

I 

ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 

1 
2 

HEARING DATE 

CASE NUMBER 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

I 

16 Mar 2004 
APPLICANT'S ISSUE AND THE BOARD'S UECISIONAI. RATIONAL ARE DISCUSSED ON  T I E  ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2003-00312 

I 

I 

I 

Case heard at Washington, D.C. 

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. 

-  ~ 

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DrSCHARGE  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 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00312 

GENERAL:  The applicant appeals for upgrade of the discharge character 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. 

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. 

ISSUES: 

Issue 1.  The applicant stated he was discharged for conduct that did not affect "on the job"  performance. 
The record reflects the member received a general discharge for misconduct or more specifically, drug 
abuse--member wrongfully possessed psilocybin mushrooms, a Schedule 1 controlled substance.  The Board 
concluded the misconduct was a significant departure from the conduct expected of all military members. 
The characterization of the discharge received by the applicant was found to be appropriate. 

Issue  2.  The  applicant  cited  Giles  v.  Secretaly  of  the Army,  627  F.2d  554  (D.C.  Cir.  1980); Dilley  v. 
Alexander,  627  F.2d  407  (D.C.  Cir.  1980);  Carter  v.  United  States,  213  Ct.Cl  717  (1977); Roelofs  v. 
Secretary of the Air Force, 628 F.2d  594, 598-99, 601 n.  36 (D.C., Cir.  1980).  These rulings appear to be 
inapposite to the applicant's  case.  As a result, the DRB determined that these cases revealed no inequity or 
impropriety in the applicant's  case. 

Issue 3.  The 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.  It found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  discharge  regulation,  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  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 

DEPARTMENT OF THE AIR  FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH SRA) 

FD2003 -00312 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 5 Oct 01 UP AFI 36-3208, 
para' 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 26 Dec 77.  Enlmt Age: 18 4/12.  Disch Age: 23 9/12. Educ:HS DIPL. 

AFQT: N/A.  A-71,  E-76,  G-59,  M-74. PAFSC: 2F051 -  Fuels Journeyman. 
DAS: 2 Apr 99. 

b.  Prior Sv: (1) AFRes 9 May 96 -  22 Oct 96 (5 Months 14 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB 23 Oct 96 for 4 yrs.  Ext: 24 Sep 98 for 7 months. Svd: 4 

Yrs 11 Mos 13 Das, all AMS. 

b.  Grade Status:  A1C -  24 Aug 01 (Article 15, 24 Aug 01) 

SRA -  23 Oct 99 
A1C -  23 Feb 98 
AMN -  23 Apr 97 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 24 Aug 01, Spangdahlem AB, Germany -  Article 112a.  You 
did, between on or about 1 May 00 and on or about 31 Jul 
00, wrongfully possess psilocybin mushrooms, a Schedule 
1 controlled substance.  Reduction to A1C.  (No appeal) 
(No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 23 Oct 96 -  22 Jun 98  Misawa AB 
23 Jun 98 -  05 Apr 99  Misawa AB 
06 Apr 99 -  05 Apr 00  Spangdahlem AB  5  (Annual) 
06 Apr 00 -  05 Apr 01  Spangdahlem AB  5  (Annual) 

5  (Initial) 
5  (CRO) 

(Discharged from McGuire AFB) 

h.  Awards &  Decs:  AFLSA, AFTR, AFOUA W/lOLC, AFGCM. 

i.  Stmt of Sv:  TMS: (5) Yrs  (4) Mos  (27) Das 
TAMS: (4) Yrs  (11) Mos  (13) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 26 Sep 03. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues. 
2. Enlisted Perf orrnance Reports  (4) . 
3. Promotion Orders. 
4. Certificates of ~ppreciation/~ecognition (17) 
5. Letters of Appreciation/Recognition  (3) 
6. AF Forms 174 (2) 
7. Article 15. 
8. Character References ( 7 )  . 

8 Oct 03/cr 

DDForm 293 

Issues 

1. 

2. 

3. 

I was discharged for conduct that not affect "on  the job" performance. 

Because the discharge was improper, the DRB must recharactierize the discharge 
to Honorable see Giles v.  Secretary of the Army 627 F. 2d 554 8 Mil. L. Rep 
2318 (D.C. Cir. 1980) Dilley v Alexander 627 F 2d 407,s Mil. L. Rep 2324 (D.C 
Cir. 1980. 

If the DRB rejects the last contention, then because the discharge was improper, 
the DRB must determine to character of the discharge by the standard used for 
those discharged at expiration of term of service (ETA), assuming the applicant 
received exemplary performance ratings from the time of the prejudicial error 
until ETS.  See Carter v. United States, 213 Ct. Cl. 717 (1977): AD 77-00348: AD 
77-07130: Roelofs V.  Secretary of the Air Force, 628 F. 2d 594, 598-99,601 n. 
36 (D.C. Cir. 1980). 

4. 

Because of the validity of the last contention, and because the discharge was 
improper, the discharge should be recharacterized to Honorable. 

\ I 

#$\ 

;F-Q 

DEPARTMENT OF THE AIR  FORCE 

5 2 ~  FIGHTER WING  (USAFE) 

MEMORANDUM FOR A 1

-

 

52 LRS(P) 

FROM:  52 LRS(P)/CC 

SUBJECT:  Notification Letter 

1 .   I am 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, paragraph 5.54.  If my 
recommendation for discharge is approved, your service will be characterized as honorable or 
general (under honorable conditions).  I am recommending that your service be characterized as 
general (under honorable conditions). 

2.  My reason for this action is:  Between on or about 1 May 00 and on or about 3 1 Jul00, you 
did wrongfully possess psilocybin mushrooms.  For this infraction, you received Article 15 
Nonjudicial Punishment on 24 Aug 01.  Your punishment included reduction to the grade of E - 
3 (Airman First Class), with a new date of rank of 24 Aug 01.  (Atch 1) 

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 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 re-enlistment in the Air Force and any special pay, bonus, or education assistance h.nds may 
be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
1 have made an appointment for you with ~a~t-s~an~dahlem 
Germany, DSN 452-6607, on 5 Sep 01 at 0930 hours.  You may consult civilian counsel at your 
own expense. 

AB, 

5.  You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days, unless you request and 
receive an extension in writing for good cause shown.  I will send them to the separation 
authority. 

6.  If you fail to consult counsel or to submit statements on your own behalf within the time 
period prescribed, it will constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the 52d Medical 
Group, PHYSICAL EXAMS ELEMENT on 17 Sep 01 at 0715 hours.  An appointment has 
also been made at FAMILY PRACTICE on 17 Sep 01 at 0730hours. 

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 Commander's Support Staff office. 

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

Attachments: 
1.  AF Form 3 070,24 Aug 0 1 
2.  Airman's Receipt of Notification Letter, located at Tab 2 

DEPARTMENT OF THE AIR FORCE 

REVIEW BOARDS OFFICE 

RANDOLPH AIR FORCE BASE TEXAS 

Office of the Assistant Secretary 

SAFIMRBR 
560 C Street West Ste 40 
Randolph AFB TX 78 150-4742 

July 7,2003 
Docket # FD-2003-003 12 

Dear Applicant 

Your application for correction of military records (DD Form 149) requesting a review of your discharge 
is returned.  The Air Force Boards for Correction of Military Records requires applicants to first exhaust 
all other administrative remedies afforded by existing laws or regulation.  In this regard, your application 
does not reflect your request has been previously processed under the provisions of Section 1553, Title 
10, United States Code, and reviewed by the Air Force Discharge Review Board (AFDRB). 

You may request the AFDRB review your discharge by completing and submitting the attached 
Application for the Review of Discharge or Dismissal from the Armed Forces of the United States (DD 
Form 293).  Send your completed application to the above address.  The DD Form 149 should be retained 
for your files. 

Any additional requests for correction of your military records should be held until the AFDRB has 
completed action on your DD Form 293.  You should also be aware that two applications cannot be 
processed simultaneously. 

You can obtain additional information from our web site:  www.a~c.randol~h.af.mil/safmibr. ' 

Attachments 
1. DD Fc--1  ;+J 
'  J  Form 293 

Chief, Review Boards Office 
Air Force Review Boards Agency 

FL- 142 
I  Oct ''l