AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER
FD-2005-00124
GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reenlistment code.
The applicant appeared and testified before the Discharge Review Board (DRB), with counsel
Andrews AFB via video-teleconferencing at St. Augustine, Florida, on 18 May 2005.
The following additional exhibits were submitted at the hearing:
at
Exhibit #5: A Memorandum
Exhibit #6: Letter from Capt
dated 1 1 May 2005
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge and change of reenlistment code are 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.
ISSUE: Implicit in the member's issue is that his discharge was too harsh. The record reflects the applicant received
a letter of reprimand, dated 12 January 2004, for wrongful use of marijuana, an act which he has denied. The
notification memorandum from the applicant's commander reflects he was offered to have the allegation against him
evaluated through a special court-martial, with the attendant rules of evidence and burden of proof. The applicant
declined the offer on the advice of his defense counsel. The record also reflects the applicant was interviewed by an
agent of the Office of Special Investigation (OSI) wherein he again denied any use of illegal drugs; however, at one
point in the interview the applicant uttered the words, "If you say I did drugs, then I did it;" following which the
interview was terminated. When asked by the DFU3 why he would make such a statement to an OSI agent, the
applicant responded that he had been there for a long time and was fed up, or words to that effect. However, a signed
witness statement from a co-worker, with information obtained from a third party present at the time of the applicant's
alleged offense, places him and at least two other individuals in an off-base residence wherein the applicant
participated in the smoking of a marijuana cigarette. The applicant believes that he was "maliciously and falsely
accused by [the aforementioned] co-worker of smoking marijuana," near Clovis, New Mexico in mid-October 2003.
When asked by the D M if there was any reason the particular witness would deliberately provide a false official
statement, the applicant replied that they were friends and co-workers and knew of no reason the witness would lie.
Interviews from the two other individuals, who allegedly participated in the offense, were also solicited by an OSI
agent. Each responded with a request for legal counsel after advisement of their Article 31 rights and the interviews
were terminated. Additionally, in the course of investigating applicant's criminal history (National Crime Information
Center), it was discovered the applicant had previously been arrested on 12 August 2001 and charged with two
misdemeanors: marijuana possession and narcotics equipment possession. The applicant provided plausible testimony
that the vehicle in which the illegal substance and equipment were discovered did not belong to him and he had no
knowledge of its presence. No case disposition was available for the charges. The Board also considered the
applicant's negative drug urine screens collected on 25 September 2003 and 8 November 2003, but found these do not
conclusively rule out a singular use of marijuana in "mid-October 2003."
CONCLUSIONS: With the presumption of regularity in the applicant's case, 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
FD2005-00124A
(Former A1C) (HGH A1C) (REHEARING)
1. MATTER UNDER REVIEW: Appl rec'd a Gen Dish fr Cannon AFB, NM
on 10 Feb 04 UP AFI 36-3208, para 5.54 (Misconduct - Drug Abuse)
Appeals for Honorable Discharge.
2. OTHER FACTS :
a. See attached cy of Examiner's Brief dtd 27 Jul 04.
b. The AFDRB reviewed case on 16 Feb 05 (non-appearance
with counsel) & concluded applicant's discharge should not be
changed.
3. BASIS ADVANCED FOR REHEARING: Appl (DD Frn 293) dtd 8 Mar
05.(Change Discharge to Honorable)
ISSUE: I have not use (sic) any illegal substance, marijuana
and was order (sic) to sign the LOR.
Atch
1. Account of Events Surrounding Discharge.
2. Congressional Correspondence.
3. Response to Letter of Reprimand and Suspension of Security
Access.
4. Three Character References.
5. DD Form 214 (Member-1).
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
(Former A1C) (HGH A1C)
1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Cannon AFB, NM on 10 Feb 04
UP AFI 36-3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable
Discharge.
2. BACKGROUND:
a. DOB: 8 Jan 82. Enlmt Age: 20 5/12. Disch Age: 22 1/12. Educ: HS DIPL.
AFQT: N/A. A-77, E-87, G-92, M-92. PAFSC: 1C131 - Air Traffice Control.
DAS: 7 Jun 03.
b. Prior Sv: (1) AFRes 2 Jul 02 - 9 Dec 02 (5 months 8 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 10 Dec 02 for 6 yrs. Svd: 1 Yrs 2 Mo 1 Das, all AMS.
b. Grade Status: A1C - 24 Jan 03
c. Time Lost: None.
d. Art 15's: None.
,
e. Additional: LOR, 12 JAN 04 - Wrongfully used marijuana.
f . CM: None
g. Record of SV: None.
h. Awards & Decs: NDSM, AFTR, BC&COB.
i. Stmt of Sv: TMS: (1) Yrs (7) Mos (9) Das
TAMS: (1) Yrs ( 2 ) Mos (1) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 14 Jun 04.
(Change Discharge to Honorable)
Issue 1: I was maliciously and falsely accused by a co-worker of smoking
marijuana near Clovis, New Mexico in mid October of 2003.
I was advised by the JAG officer by telephone from San Antonio, TX "that since
there was no formal changes against you there was nothing we can do. However,
when and if charges are brought against you we will intervene in your behalf."
I had only two brief contacts with the JAG officer by telephone.
I have been denied access to any all (sic) evidence of this alleged incident of
marijuana use.
ATCH
1. Written Presentation to Discharge.
2. Memorandum for All Reviewing Parties.
3. Congressional Correspondence.
4. Response to Letter of Reprimand.
5. Three Character Reference.
6. DD Form 214.
7. Character Reference.
8. DD Form 149.
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 27th FIGHTER WING (ACC)
CANNON AIR FORCE BASE NEW MEXICO
MEMORANDUM FOR A1
7 OSS
FROM: 27 OSSICC
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 AF136-3208, paragraph 5.54. If my
recommendation is approved, your service will be characterized as honorable or general. I am
recommending that your service be characterized as general.
-
2. My reason for this action is:
a. In mid-October 2003, you wrongfully used marijuana at or near Clovis, New Mexico, as
evidenced by a Letter of Reprimand (LOR), dated 12 Jan 04. In your response to the LOR, you
denied the allegation and maintained you were not being given enough information about the
allegation to properly respond to it. Based on your LOR response, the legal office contacted your
defense counsel and offered to have the allegation evaluated through a special court-martial, with
the attendant rules of evidence and burden of proof. On 20 Jan 04, through your defense counsel,
you declined this offer. I am therefore proceeding based on the information from the OSI
investigation and recommending your separation from the Air Force. (Atch a)
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 h r Force and, if you are
discharged, how your service will be characterized. Eyou are discharged, you will be ineligible
for reenlistment in the Air Force, and any special pay, bonuses, or education assistance funds
may be subject to recoupment.
4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
An appointment will be made for you to consult with your military legal counsel. You may
consult civilian counsel at your own expense.
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 3 duty days from today unless you request
and receive an extension for good cause shown. I will send them to the separation authority.
6. Eyou fail to consult counsel or to submit statements on your own behalf, your failure will
constitute a waiver of your right to do so.
I
d
2 B
7. You will complete a medical examination i t the 27th Medical Group on
0900
hours.
28 JAN 04 at
T
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 your unit orderly room, or you may download a
copy l7om http://afpubs.hq.af.mil/.
.
+AZ.
>I 7
, .
i . :
;$a;.
,&g.y w- p:.'J.::
s.::.
,..
E..?.?
@:-r *. .-. ...
.
p:.
I;:.. . .- -
El,. . i
r.:.. .. , ... h...: - -
. - . .
Zi.
'.
e:? J , -. . .
.. .
Commander, 27 OSS
Attachment:
a. Letter of Reprimand, dated 12 Jan 04, wfresponse
AF | DRB | CY2007 | FD2006-00144
SERVICE UNDER REVIEW: a. Enlisted as AB 27,Sep 01 for 4 yrs. i .------------------------------------ P 14 April 2006 Attachment B Page 1 of 2 I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I 9 i honestly declare that: My discharge from the Air Force was unjudy MEMORANDUM FOR ALL REVIEWING AUTHORITIES FROM: : SUBJECT: Statement of situation occunred. Along with a submitting a rebuttal to my LOR, I requested via my attorney...
AF | DRB | CY2006 | FD2006-00169
See attached cy of Examiner's Brief dtd 20 Jul 05. b. For your misconduct you received a Letter of Reprimand (LOR), dated 8 Mar 04 (Attachment 3). For your misconduct you received an LOC, dated 21 Apr 04 (Attachment 4).
AF | DRB | CY2007 | FD2006-00341
1 "... AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD I 1 NAME OF SERVICE MEMBER (LAST, FIIISI. Respondent's Response: The respondent consulted counsel and submitted a written statement on her behalf. Forward a recommendation for separation under paragraph 5.54 with an Honorable discharge to the General Court-Martial Convening Authority, AFSOCICC (AFI 36-3208, para 5.56.2.1); c. Direct that the respondent be discharged from the Air Force with a Genmal dischargc without probation and...
AF | DRB | CY2005 | FD2005-00157
The records indicated the applicant received two Article 15s, one Letter of Reprimand, and three civilian police reports. b. Grade Status: Amn - 30 Mar 04 (Article 15, 30 Mar 04) c. Time Lost: 16 Mar 04 thru 15 May 04 (2 months 1 day) d. Art 15's: (1) 30 Mar 04, Cannon AFB, NM - Article 92. On or about 25 Feb 03, you violated a domestic violence order by forcing your way into your wife's house and yelling at her, as evidenced by a Police Report dated 25 Feb 03 and an Article 15 action...
AF | DRB | CY2003 | FD2003-00240
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD03-0240 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and Authority for discharge and to change the RE Code. The Commander looked closely at the specific circumstances of the offense and of the applicant’s cooperation with the OSI and with the local Sheriff's office; however, when the Commander decided to discharge the applicant, he informed the applicant that he was going to be...
AF | DRB | CY2006 | FD2004-00272
3RD FLOOR ANDREWS AFB, MD 10762.7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2004-00272 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change tl~c reasoil and authority for the discharge, and to change the reenlistment code. Appeals for Honorable Discharge, and to Change the RE Code, Reason and Authority for Discharge. (Change Discharge to Honorable, and Change the RE Code,...
AF | DRB | CY2007 | FD2006-00280
The records indicated the applicant received an Article 15, seven Letters of Reprimand, and a Letter of Counseling for misconduct. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH AlC) 1. (Atch 5) an order which it was your duty to obey, did at or near ------------ - 3 t - - - - - - - - - f. You, being indebted to Otero Federal Credit Union in the excess of $1300 for monthly payment of a car loan, which amount became...
AF | DRB | CY2005 | FD2005-00209
Attachment: Examiner's Brief DEPARTMENT OF THE A I R FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH SRA) 1. (Change Discharge to Honorable, and Change the RE Code, Reason and Authority for Discharge) Issue 1: I am requesting an upgrade in order to rejoin the military (Air Force). My reasons for this action are as follows: You did, at or near Holloman Air Force Base, New Mexico, between on or about 1 March 2003 and on or about 3 1 May 2003, wrongfully use marijuana.
AF | DRB | CY2006 | FD2006-00337
3RD FLOOR ANDREWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00337 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge. The applicant's discharge characterization should be changed to Honorable and the reason and authority changed to Expiration of Term of Service under AFI 36-3208, para. Any...
AF | DRB | CY2005 | FD2004-00495
ISSUE: The records indicated the applicant was discharged with a general discharge for misconduct, specifically, drug abuse. The records reflect the member received two Article 15s, one Letter of Reprimand, and four Letters of Counseling. Attachment: Examiner's Brief DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former AB) (HGH SRA) 1.