Case heard at Washington, D.C. 

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

~ 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78150-4742 

I  FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
ALR  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 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2003-00460 

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

The  applicant  was  offered  a  personal  appearance  before  the  Discharge  Review  Board  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 
impropriety or inequity that would justify an upgrade of the discharge to honorable. 

Issues.  Applicant was  discharged  for  misconduct,  namely  drug  abuse  (marijuana), for  which  member 
received  an  Article  15.  Member  submitted  to  a  random  urinalysis  that  was  found  to  contain 
tetrahydrocannabinol (THC), the metabolite of marijuana, in excess of the DoD cut-off of  15 nglml.  His 
test results revealed  a  level of 33  nglml.  Member also had  a Letter of Reprimand for failure to  obey a 
lawfkl  order to  get  his  hair  cut.  The  record  shows that  at the time of the  discharge member  consulted 
counsel yet waived his right to submit statements in his own behalf.  Furthermore, member did not request 
he be considered for retention at the time of the discharge, and had he, the burden would have been his to 
show he met  the  seven retention  criteria.  Applicant now  infers his illegal marijuana use was a  lapse of 
judgment  due to depression and personal problems.  While it is understandable that someone experiencing 
personal problems may have increased stress, there is no  evidence applicant used  available base agencies 
such  as the  Chaplain,  Family  Support Center  or  chain  of  command  to  help  him  cope  with  his  stress. 
Without additional evidence from applicant, the Board found the alleged personal problems of insufficient 
mitigation to  suggest an upgrade.  Additionally, there was no documented character or behavior disorder 
noted  in applicant's  medical  record  which would have  substantiated this  contention.  At the time  of the 
discharge, the Air Force's  drug policy was well publicized and members were continually made aware that 
illegal  drug use was not  tolerated.  Marijuana use  is viewed  a s  a very  serious failure to  meet Air Force 
standards.  The  Board  noted  that  because  drug  abuse  is  not  compatible  with  Air  Force  standards, the 
characterization of service applicant received is warranted. 

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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 29 Oct 02 UP AFI 36- 
3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable Disch. 
2 .  BACKGROUND : 

a. DOB: 14 Jun 79.  Enlmt Age: 20 4/12.  Disch Age: 23 4/12. Educ: HS DIPL. 
AFQT: N/A.  A-74,  E-50,  G-57,  M-18. PAFSC: 1C551 - Aerospace Control &  Warning 
Systems Journeyman. DAS: 23 Aug 00. 

b.  Prior Sv:  (1) AFRes 15 Oct 99 -  11 Apr 00 (5 Months 28 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  12 Apr 00 for 4 yrs. Svd: 2 Yrs 6 Mos 18 Das, all AMS. 

b.  Grade Status:  AB -  6 Sep 02 (Article 15,6 Sep 02) 

A1C -  12 Aug 01 
AMN  -  12 Oct 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 6 Sep 02, Eglin AFB, FL -  Article 112a.  You did, on or 
about 5 Aug 02, wrongfully use marijuana.  Reduction to 
AB, 30 days restriction, forfeiture of $100.00 pay, and 
a reprimand. (No appeal) (No mitigation) 

e.  Additional: LOR, 17 SEP 02 -  Failure to obey a lawful order. 

f.  CM:  None 

g.  Record of SV: 12 Apr 00 -  11 DecOl  Eglin AFB  4  (Initial) 

(Discharged from Eglin AFB) 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS: (3) Yrs  (0) Mos  (15) Das 
TAMS:  (2) Yrs  (6) Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 19 Sep 03. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues. 

30 Oct  03/cr 

PPORTING DOCUMENTS (X as  applicable] (Please print  name and Social Security Number on each document.) 

WILL NOT BE SUBMITTED.  PLEASE COMPLETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

ARE LISTED BELOW AND ARE ATTACHED TO THlS APPLICATION: lContinue on a plain sheet of paper if more space is needed.) 

a.  DOCUMENT 1: 

b.  DOCUMENT 2: 

I c.  DOCUMENT 3: 

8.  ISSUES 

The Board will consider  any issue submitted by you prior t o  closing the case for deliberation.  The Board will also review the case t o  

determine whether there are any issues that provide a basis for upgrading your discharge.  However.  the Board is ngt required t o  respond in 
writing to issues of  concern t o  you unless those issues are listed or incorporated by specific reference below.  Carefully read the instructions 
that pertain to Block 8  prior t o  completing this part of the application.  If you need more space,  submit additional issues on an attachment. 

I 

I 

I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THlS APPLICATION. 

I PRWIOUSLY SUBMITTED AN APPLICATION ON /Enter date) 

H AND AM COMPLETING THlS FORM IN ORDER TO SUBMIT ADDITIONAL ISSUES. 

THE ABOVE ISSUES SUPERSEDE ALL PREVIOUSLY SUBMITTED. 

9.  CERTIFICATION 

I make the foregoing statements as part of my application w i t h  full knowledge of the penalties involved for willfully making a false 

statement.  (U.S.  Code,  Title 18, Section  1001, provides that an individual shaN be fined under this title or imprisoned not more than 5 years, 
or both. J 

I 

ARMY 

( 

NAVY & MARlNE CORPS 

Army  Review Boards Agency 
Support Division, St.  Louis 
ATTN:  SFMR-RBR-SL 
9700 Page Avenue 
st. ~
~
I 
DD FORM 293, OCT 19e t  r c  

~
~
MO  63132-5200 

i

Naval Council of Personnel Boards 
Bld9- 3 6  - Washington Navy Yard 
901 M Street,  S.E. 
Washington,  DC  20374-5023 
,

 

I 

. 

AIR  FORCE 

SAF/MIBR 
550-c  street west,  suite 4 0  
Randolph AFB,  TX  781 50-4742 

I 

I 

I 

I 

COAST GUARD 

I 

Commandant (WPM-60) 
U.S. Coast Guard Headquarters 
Washington,  DC  20593-0001 

I 
Page 2 of 4  Pages 

DEPARTMENT OF THE AIR FORCE 

728TH AIR CONTROL SQUADRON (ACC) 

EGLlN AIR  FORCE BASE, FL 

FROM:  728 ACSICC 

SUBJECT:  Notification Memorandum 

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 is approved, your service will be characterized as honorable, general, or under 
other than honorable conditions.  I am recommending that your service be characterized as 
general. 

2.  My reason for this action is that between on or about 5 July 2002 to on or about 
5 August 2002, you did, with in the continental United States wron&lly  use marijuana.  For 
this offense, you received nonjudicial punishment, dated 6 September 2002. 

3.  I am also forwarding the following information on to the separation authority for his 
consideration in characterizing your service: 

a.  On 17 September 2002, you received a letter of reprimand for failing to obey a lawful 

order to get your haircut. 

4.  Copies of the documents to be forwarded to the separation authorityin support of this 
recommendation are attached.  The commander exercising Special Court-Martial (SPCM) 
jurisdiction  or a higher authority will decide whether you will be discharged.  If you are 
discharged, how your service will be characteri~d. If you are discharged, you will be ineligible 
for reenlistment in the Air Force.  Special pay, bonuses, or education assistance funds may be 
subject to recoupment. 

ointment has been made for p u  to consult capt- 

5.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
at  YOO  hours.  You may consult civilian counsel at your own expense. 
6.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within 3 workdays from today unless you request 
and receive an extension for good cause shown.  I will sknd them to the separation authority. 

Building 45 1, on 

i 

7.  If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your right to do so. 

8.  You will complete a medical examination with the 96th Medical Group, physical exams 
section, o n 2  b&.;di0~ at 07 15 hours. 

9.  You have been scheduled for an appointment with the 96th Mission Support Squadron, 
separations section, ondS&&qhd 
briefing, you are to report to the 96  Traffic Management Office with your completed AFDTC 

hours.  Immediately after completion 

at  07 0 O 

Office Form B133.  If you have a TMO pickup it must be before 

10.  You are required to receive a briefing from the Family Support Center prior to your 
separation.  You have been scheduled to receive p u r  Transition Assistance Management 
Program (TAMP) briefing on &ps 

hours. 

at 

1 1.  Any personal information you hrnish in rebuttal is covered by the Privacy Act of 1974. 
A copy of AFI 36-3208 is available in your unit orderly room for your us 

Commander 

Attachments: 
1.  Supporting Documents 
2.  Airman's  Acknowledgment