+ 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

1  AFSNISSAN 

,  [NAME OF SERVICEPEMBER (LAST, FIRST MIDDLE INITIAL) 

MEMBER SITTING 

ISSUES 

A94.53 

1 

1 

1 

APPLICATION FOR REVIEW OF DISCHARGE 

1  1  I  ORDER APPOINTING THE BOARD 
2 
3  1  LETTER OF NOTIFICATION 
1  4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

-- 

HEARlNG DATE 

1  11  Aug 2004 

CASE NUMBER 

1  FD-2004-00141 

1 

*'APE 

RECORDING OF PERSONA1 APPEARANCE 

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. 

TO: 

SAFIMRBR 

RANDOLPH  AFB, TX 781 50-4742 

I 

AFHQ FORM 0-2077, JAN 00 

1 

I 
(EF-V2) 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCU 
AIR  FORCE DISCHARGE REVIE\\  BOARD 
1535 COMhlAND D R  EE WING. 3RD FLOOR 
ANDREWS AFB, ~ 6 2 0 7 6 2 - 7 0 0 2  

Previous edition will be used 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00141 

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. 

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. 

ISSUES:  Applicant was recommended  for discharge based on both drug abuse and misconduct; the records 
indicated the applicant received five Letters of Counseling (LOCs) for being late to work, and a commander- 
directed urinalysis  was  returned  positive  for  the  presence  of  cocaine.  Member  exercised  his  right  to  an 
administrative  discharge  board  and  the  board  found  that  member  was  late  to  work  five  times  and  did 
wrongfully use cocaine.  The board however decided member should be discharged only on the basis of the 
drug abuse but not for misconduct.  Nevertheless, they further recommended his service be characterized  as 
general, under honorable conditions.  In this instance, the urinalysis could result in no less than an honorable 
discharge because it was the product of a commander-directed test.  However, a general discharge could be 
approved if based on other derogatory data that occurred during the current enlistment, which the five LOCs 
constituted.  Rut  administrative  requirements  in  place  at  the  time  of  applicant's  discharge  required  the 
decision authority to clearly  articulate  in the  instrument directing the discharge that the characterization  of 
service  was  based  on  this  specific  derogatory  information  in  the  current  enlistment  and  not  on  the 
commander-directed  urinalysis  results.  This was  not  done.  In  denying  the  applicant's  appeal, the  Board 
concluded that, based on the available evidence, this was a harmless error.  The Board further concluded the 
misconduct  was  a  significant  departure  from  conduct  expected  of  all  military  members  and  the 
characterization of the discharge received by the applicant was therefore appropriate. 

In  summary, 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  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 SSGT)  (HGH SSGT) 

FD2004-00141 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Norton AFB, CA on 5 Jun 91 UP 
AFR 39-10, 5-47b (Misconduct -  Drug Abuse).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 5 Oct 63.  Enlmt Age: 18 1/12.  Disch Age: 27 8/12. Educ: HS DIPL. 

AFQT: N/A.  A-37,  E-24,  G-44,  M-40. PAFSC: 45873 -  Fabrication and Parachute 
Specialist. DAS: 30 Jan 86. 

b.  Prior Sv: (1) AFRes 17 Nov 81 -  13 Jun 82  (6 months 28 days)(Inactive). 

(2) Enlisted as AB 14 Jun 82 for 4 yrs.  Extended 11 Sep 85 

for 7 months.  Reenlisted as SrA 4 Dec 85 for 4 yrs.  Svd: 7 yrs 5 months 16 
days, all AMS.  AMN -  14 Dec 82.  A1C -  14 Jun 83.  SrA-(APR Indicates): 14 Jun 
85-21 Dec 85.  Sgt-(APR Indicates): 22 Dec 85-11 Dec 86.  SSgt -  1 Dec 87.  APRs: 
9,9,9,9,9,9,9. 

ART 15:  15 Jun 88, Norton AFB, CA -  Article 111.  You did, on or about 
4 Jun 88, on G Street near the Base Gym, operate a vehicle, to 
wit: a passenger car while drunk.  Article 134.  Further 
investigation has shown that you were, on or about 4 Jun 88, 
drunk and disorderly.  Suspended reduction to Sgt.  Forfeiture of 
$250.00 pay per month for two months.  (No appeal) (No mitigation) 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SSgt 1 Dec 89 for 4 yrs. Svd: 1 Yrs 6 Mo 4 Das, all AMS. 

b.  Grade Status:  None. 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: 18 Mar 91-28 Jan 91, Command directed urinalysis tested 

positive for cocaine. 

LOC, 10 JAN 91 -  Late for duty. 
LOC, 18 OCT 90 -  Late for duty. 
LOCI 21 JUN 90 -  Late for duty. 
LOC, 16 MAY 90 -  Late for duty. 
LOC, 03 APR 90 -  Late for duty. 

f.  CM:  None. 

FD2004-00141 

g.  Record of SV: 22 Dec 86 -  21 Dec 87  Norton AFB  9  (Annual) 
22 Dec 87 -  21 Dec 88  Norton AFB  9  (Annual) 
22 Dec 88 -  21 Dec 89  Norton AFB  9  (Annual) 
22 Dec 89 -  21 Dec 90  Norton AFB  4  (Annual) 

h.  Awards &  Decs:  AFTR, AFGCM W/1 DEV, NCOPMER, NDSM, AFLSAR W/1 DEV, 

AFOUA W/1 DEV. 

i.  Stmt of Sv:  TMS:  (9) Yrs  (6) Mos  (20) Das 

TAMS:  (8) Yrs  (11) Mos  (23) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 11 Mar 04. 

(Change Discharge to Honorable) 

NO ISSUES SUBMITTED. 

ATCH 
None. 

DEPARTMENT O F  THE AIR  F O R C E  

I 

H E A D Q U A R T E R S  6 3 D  M I L I T A R Y  A I R L I F T  W I N G  ( M A C )  

N O R T O N  A I R  F O R C E  B A S E  C A   92409 

REPLY TO 
A

OF  63  EMS 

 

~

N

SUBJECT:  L e t t e r   of  N o t i f i c a t i o n   (Board  Hearing) 

1.  I  am  recommending  your  d i s c h a r g e   from  t h e   United  S t a t e s  A i r   Force  f o r  
Drug  Abuse,  according '&o  AFR  39-10,  under  t h e   p r o v i s i o n s   of  paragraph 
5-50.1  and  f o r   a  p a t t e r n   of  misconduct  under  AFR  39-10  paragraph  5-47b. 
Copies  of  t h e   documents  t o  be  forwarded  t o   t h e   s e p a r a t i o n   a u t h o r i t y ,   t o  
support  t h i s   recommendation  a r e   a t t a c h e d .  

2.  My 

reasons  f o r   t h i s   d i s c h a r g e   a c t i o n   a r e   a s   f o l l o w s :  

a .   On  3  Apr  90,  you  were  l a t e   f o r  work,  f o r  which  you  received  a  L e t t e r  

of  Counseling. 

b.  On  16  May  90,  you  were  l a t e   f o r   work  f o r   which  you  received  a n o t h e r  

L e t t e r   of  Counseling. 

c .   On  21  Jun  90,  you  f a i l e d   t o   r e p o r t   t o  work  on-time, 

f o r  which  you 

received  a  L e t t e r   of  Counseling. 

d.  On  18  Oct  90,  you  f a i l e d   t o   r e p o r t   t o   duty  on-time  f o r  which  you 

received  a  L e t t e r   of  Counseling. 

e.  On  10  Jan  91,  you  were  l a t e   f o r   d u t y   f o r  which  you  received  a  L e t t e r  

of  Counseling. 

f .   You  wrongfully  used  c o c a i n e   between  18 J a n   91  and  28  Jan  91,  a s  

evidenced  by  a  p o s i t i v e   command-directed  drug  u r i n a l y s i s   t e s t .  

3 .   This  a c t i o n   could  r e s u l t   i n  your  s e p a r a t i o n   w i t h   a n   under  o t h e r   than 
honorable  c o n d i t i o n s   d i s c h a r g e .  
g e n e r a l   d i s c h a r g e .   The  Commander  e x e r c i s i n g   SPCM  j u r i s d i c t i o n   o r  h i g h e r  
a u t h o r i t y -  w i - 1 1   make  t h e   f i & l   d e c i s i o n   i n   t h i s   m a t t e r .  
discharged,  you  w i l l   be  i n e l i g i b l e   f o r   r e e n l i s t m e n t   i n   t h e   A i r   Force. 

I  am  recommending  t h a t  you  r e c e i v e   a 

I f   you  a r e  

4.  You  have  t h e   r i g h t   t o :  

a .   Consult  l e g a l   c o u n s e l . '  

b.  Present  your  c a s e   t o  a n   a d m i n i s t r a t i v e   d i s c h a r g e   board. 

c .   Be  r e p r e s e n t e d   by  l e g a l   counsel  a t  a  board  hearing. 

d.  Submit  s t a t e m e n t s   i n  your  own  behalf  i n  a d d i t i o n   t o ,   o r   i n   l i e u   o f ,  

t h e   board  h e a r i n g .  

PRGUD MAC--SUPPORT AMERICA CAN P 

- -  - - - - - - 

--P 

--- 

GOVERNMENT EXHIBIT  4 

. 
\ 
4 Q M D  : 

e .   Waive  t h e   above  r i g h t s .   You  must  c o n s u l t   l e g a l   c o u n s e l   b e f o r e  

making  a  d e c i s i o n   t o  waive  any  of  your  r i g h t s .  

5.  You  have  been  scheduled  f o r   a  medical  examination  on  j g  m&Rch  1441 
a t  0 7 ~ 0  8 0 ~ ~ 5 .  Do  n o t   d r i n k   a l c o h o l   72  h o u r s   p r i o r   t o  your  exam. 

6 .   M i l i t a r y   l e g a l   c o u n s e l   h a s   been  o b t a i n e d   t o   a s s i s t   you. 
appointment  f o r   you  t o   c o n s u l t   t h e   Area  Defense  Counsel  on  \5  f f i a r t ~  
a t o q ~ t j  ws  I n s t e a d   of  t h e   a p p o i n t e d   c o u n s e l ,   you  may  have  a n o t h e r ,   i f   t h e  
lawyer  you  r e q u e s t   i s  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  r e a s o n a b l y  
a v a i l a b l e   a s   determined  a c c o r d i n g   t o  AFR  111-1. 
c o u n s e l ,   you  have  t h e   r i g h t   t o  employ  c i v i l i a n   c o u n s e l .   The  A i r   F o r c e   d o e s  
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   c o u n s e l .   C i v i l i a n  
c o u n s e l ,   i f   employed,  must  be  r e a d i l y   a v a i l a b l e .  

I n   a d d i t i o n   t o  m i l i t a r y  

I  have  made  a n  

7.  Confer  w i t h   your  c o u n s e l   and  r e p l y ,   i n  w r i t i n g ,   w i t h i n   seven  workdays, 
s p e 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  s i g n e d  
i n   t h e   presence  of  your  c o u n s e l   who  a l s o  w i l l   s i g n   i t .   I f   you  waive  y o u r  
r i g h t   t o   a  h e a r i n g   b e f o r e   a n   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 m e n t s   i n  your  own  b e h a l f .  
d i s c h a r g e   a u t h o r i t y   w i t h   t h e   c a s e   f i l e   t o   be  c o n s i d e r e d   w i t h   t h i s  
recommendation. 
w a i v e r   of  t h e   r i g h t   t o   t h e   board  h e a r i n g .  

I f   you  f a i l   t o  respond,  y o u r   f a i l u r e  w i l l   c o n s t i t u t e   a 

I  w i l l   send  t h e   s t a t e m e n t s   t o   t h e  

8.  Any  p e r s o n a l   i n f o r m a t i o n   you  f u r n i s h   i n  r e b u t t a l   i s  covered  by  t h e  
P r i v a c y   Act  Statement  as  e x p l a i n e d   i n  AFR  39-10,  attachment  6 .   A  copy  of 
AFR  39-10  i s  a v a i l a b l e   f o r   your  u s e   i n   t h e   o r d e r l y   room. 

d  acknowledgment  and  r e t u r n   i t   t o  me  immediately. 

3  Atchs 
1A.  S u p p o r t i n g   Documents  f o r  t h e  
Reasons  f o r   Discharge 
1B.  Other  ~ e r o ~ a t o r y  Data  - L e t t e r s  
of  Counseling 
2 .   Airman's  Acknowledgment