AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AB

 

TYPE GEN | PERSONAL APPEAKANCE

x RECORD REVIEW

 

A DON/SSAN

  

 

   

COUNSEL — | NAME OF COUNSEL AND OR ORGANIZATION

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEMBER SITTING HON GEN UOTHC OTHER DENY
XK
x
x
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ISSUES A93.09 INDEX NUMBER A66.00 ;
1 | ORDER APPOINTING THE BOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERS@§NAL APPEARANCE
a
4, TAPE RECORDING OF PERSONAL APPEARANCE
HEARING DATE CASE NUMBER
15 Dec 2005 FD-2005-00169

 

nn AT RECA DNED

 

Case heard at Washington, D.C.

    

 

 

“ REPLICANTSTSSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Names and votes will be made available to the abplicant at the applicant’s request.

  

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR

 

 

 

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

AIR 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
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2005-00169

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 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: Applicant does not contest his discharge. He states that he had some personal problems at the time
and as an escape from reality, he tried smoking marijuana. The records indicated the applicant received an
Article 15 for wrongfully using 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.

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
FD2005-00169

 

DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

; mal (Former AB) (HGH SRA)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr Malmstrom AFB, MT on 3 Apr 03
UP AFI 36-3208, para 5.54 (Misconduct - Drug Abuse). Appeals for Honorable
Discharge.

2. BACKGROUND:

a. DOB: 10 Aug 80. Enimt Age: 19 4/12. Disch Age: 22 7/12. Educ: HS DIPL.
AFQT: N/A. A-50, E-43, G-46, M-39. PAFSC: 3P051 - Security Forces Journeyman.
DAS: 8 Jul OO.

b. Prior Sv: (1) AFRes 20 Dec 99 - 1 Feb 00 (1 month 13 days) (Inactive).
3. SERVICE UNDER REVIEW:
a. Enlisted as AB 2 Feb 00 for 6 yrs. Svd: 3 Yrs 2 Mo 2 Das, all AMS.

b. Grade Status: AB - 20 Mar 03 (Article 15, 20 Mar 03)
SrA - 17 Jul 02
AlC - 17 Mar 00

c. Time Lost: None.

d. Art 15’s: (1) 20 Mar 03, Malmstrom AFB, MT - Article 112a. You did,
at or near Great Falls, Montana, on divers occasions,
between on or about 1 Sep 02, and on or about 3 Jan 03,
wrongfully use marijuana. Reduction to AB. Forfeiture
of $575.00 pay per month for 2 months. Forty five days
restriction to base (suspended). Forty five days extra
duty (over 20 days suspended). Reprimand. (No appeal)
(No mitigation)

e. Additional: None.
f. CM: None.

g. Record of SV: 2 Feb 00 - 1 Oct 01 Malmstrom AFB 3 = (Initial)
2 Oct 01 - 1 Oct 02 Malmstrom AFB 5 (Annual)

h. Awards & Decs: AFTR, AFOUA.

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

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 14 Apr 05.
FD2005-00169

 

(Change Discharge to Honorable)
ISSUES ATTACHED TO BRIEF.

ATCH

1. Applicant's Issues.

2. Two Enlisted Performance Reports.
3. Six Character References.

6JULOS/ia
co . FD200 5-00 /67

 

April 14, 2005

Air Force Review Boards Agency
SAF/MRBR

550-C Street West, Suite 40
Randolph AFB, TX 78150-4742

To whom it my concern,

ee would like you to review my discharge for an upgrade from General/Under Honorable
‘Conditions to Honorable, so that I may achieve great things in life. During the time that I was employed by the

U.S Air Force, I was a model Airmen up to the time of my incident. The last year that I was in the Air Force I lost
a very good friend of mine to a car accident, which made me relapse the memories of my older brother, which he
also past away in a car crash engulfed with flames. I fill into a state of depression that I couldn’t get out of, noted
in my VA medical files. Depression is a disease, to escape from reality I tried smoking marijuana, which I know it
wasn’t the brightest idea. For failing my urinalysis | was discharged from the Air Force. I attempted to stay in the
military and seek help but was denied by my First Sergeant. Military lawyers reviewed my case and advised me
that I can fight my discharge, due to the retention criteria that I met. My First Sergeant quickly pushed towards
my out-process, and out the military (which I learned to love and like) in a quick matter. Never in my life (besides
the incident) did I, smoke marijuana before the military. According to AFI 36-3208/5.55.2. Retention Criteria and
Consideration and I quote “A member found to have abused drugs will be discharged unless the member meets all
seven of the following criteria”:
1, Drug abuse is a departure from the members usual and customary behavior.
~ As soon as the incident happened stopped all use of the drug, because I Rares to change my
life and seek help.
2. Drug abuse occurred’as the result of drug experimentation (which is defined as one. who has illegally or
improperly used drug for reasons of curiosity, peerpressure, or other similar reasons).
~ In my case, Depression was the’ illegally used the drug to try to escape reality. Noted in VA
medical files. ,
3. Drug abuse does not involve recurring incident, other than the drug experimentation as defined above.
~ Depression is a disease that is hard to cure but able to maintain.
4. The member does not desire to engage in or intend to engage in drug abuse in the future.
- While still in the military I tried to seek help which I didn’t get. After the military I went to the
VA clinic to seek help and learn more about the drug and its affect on people, so that I could
better my life. I went on my own to the clinic to better understand my situation and my
depression.
5. Drug abuse under all the circumstances is not likely to recur.
6. Members continued presence in the Air Force is consistent with the interest of the Air Force in
maintaining proper discipline, good order, leadership and morale.
- I was a model Airmen in the Air Force, never in trouble, no bad paperwork up Intel the time of
the incident. READ my EPR’s attached to the back.
7. Drug abuse did not involve drug distribution.
- I was never charged with possession of marijuana or the distribution of marijuana. Just Failed a
urinalysis test and my statement that I made during the incident.

America was founded on second chance people. Since I am already out of the Air Force, ail I want is a second
chance to be able to prove that I can succeed in life. By having my discharge reviewed and changed to honorable, I
can continue to better myself, my life, my studies, and my career. Today I am a model student at the El Paso
Community College with a grade-point-average above 3.0. I’m minoring in Criminal Justices and majoring in
FRa@S- ©0 (67

Medicine. I was also employed by the Otero County Prison, as a Detention Officer whicH I eiijoy very much ,and
want to keep pursuing this career. I am also tumed back to my Catholic religf6i liegs and try to follow the word

of Christ our Savor. I attend mass and counseling with my pastor to keep me tivity ted in God, and my studies.

&
I ask'you please! To grant me a second chance, and change my discharge to Honorable so that I may succeed in
life. As away to confirm loyalty of my present actions and character, I attached some character reference letters
from personnel that know me now; from my supervisor, to teachers , td families and friends. Please, take a
moment to read the letters so that you may understand me better. Thank you very much for your time and
consideration and may God bless you.

   

Sincerely,
Fp2c05-06 [67

92 . AFI36-3208 10 MARCH 2000

5.54.2.1. Maintain discipline, good order, and morale.
5.54.2,2. Foster mutual trust and confidence among members.
5.54,2.3. Facilitate assignments and worldwide deployment.
5.54.2.4. Recruit and retain members.

5.54,2.5. Maintain public acceptability of military service.
5.54.2.6. Prevent breaches of security.

5.54.3. Evidence obtained through urinalysis or evidence furnished by the member in connection
with initial entry in rehabilitation and treatment may be used to establish a basis for discharge. For
limits on using such evidence in characterizing service, see paragraph 1.21.

5.55. Processing Procedures.

5.55.1. Action required. Commanders must act promptly when they have information indicating a

member is subject to discharge for drug abuse. They evaluate the specific circumstances of the

offense, the member’s records, and the member’s potential for future service and take action in accor-
_dance with the following paragraphs:

5.55.1.1. If it is warranted, discharge action must be started promptly. However, there is no time
limit for initiating discharge action, and failure to do so does not at anytime constitute a construc-

tive waiver. Discharge action is waived only if waiver is expressly approved under Chapter 6,
Section 6K.

5.55.1.2. If the commander determines a waiver of discharge is appropriate, a request for waiver
must be processed promptly. See Chapter 6, Section 6K.

5.55.2. Retention Criteria and Consideration.

_5.55.2.1. A member. found to have.abused drugs will be discharged unless the member meets’all”

 
 

a event of the following criteria:
5. 55.2.1.1. Drug abuse is a departure from the member’s usual and customary behavior.

5.55.2.1.2.: Drug abuse occurred as the result of drug experimentation (a drug experimenter is
defined as one who has illegally or improperly used a drug for reasons of curiosity, peer pres-
sure, or other similar reasons).

5.55.2.1.3. Drug abuse does not involve recurring incidents, other than drug experimentation
as defined above.

- §,55.2.1.4.: The member does not desire to engage in or intend to engage in drug abuse in the
- future

_ 5.55.2.1.5. Drug abuse under all the circumstances is not likely to recur.

5,.55.2.1.6. Under the particular circumstances of the case, the member’s continued presence
in the Air Force is consistent with the interest of the Air Force in maintaining proper disci-
pline, good order, leadership, and morale (Noncommissioned officers have special responsi-
bilities by virtue of their status; fulfill an integral role in maintaining discipline; and, therefore,
must exhibit high standards of personal integrity, loyalty, dedication, devotion to duty and
leadership).

iy
PopZeos- 23 {OT
AFI36-3208 10 MARCH 2000 93

5.55.2.1.7. Drug abuse did not involve drug distribution. For the purpose of this paragraph,
drug distribution means the delivery to the possession of another. Distribution does not occur
with the transfer of the drugs from one person to another while such persons are engaged in the
mutual use of drugs, except that individuals who obtain, or arrange for obtaining, the drugs
used by others are involved in distribution. "Delivery" means the actual, constructive, or
attempted transfer of the drugs, whether or not there exists an agency relationship.

5.55.2.2. The burden of proving that retention is warranted under these limited circumstances
rests with the member. Findings regarding the existence of each of the limited circumstances war-
ranting a member’s retention are required of the board or the separation authority only if:

5.55.2.2.1. The member clearly and specifically raises such limited circumstances.

5.55.2.2.2. The board, or in the absence of a board, the separation authority relies upon such
circumstances to justify the member’s retention.

5.55.2.3. A member approved for discharge for drug abuse is not eligible for probation and reha-
bilitation in accordance with Chapter 7.

5.56. Separation Authority:

5.56.1. The SPCM authority personally approves or disapproves the recommendations for discharge
under this section processed by:

5.56.1.1. Notification according to Chapter 6, Section 6B, and resulting in: -
5.56.1.1.1. Retention.
5.56. 1 .1.2. General discharge under Section 5H.
5.56.1.1.3. Entry level separation under paragraphs 5.50., 5.51., 5,52., or 5.54.
5,56.1.2. Board hearing according to Chapter 6, Section 6C, if the board recommends:

5.56.1.2.1, Retention and action to request discharge according to paragraph 1.2. is not con-
templated. .

5.56.1.2.2. General discharge or entry level separation and referral to the GCM authority for
consideration of honorable discharge is not warranted according to paragraph 5.48. ,

5.56.1.2.3. If the SPCM authority is also the GCM authority, the vice commander may be des-
ignated, in writing, to personally act on actions listed in paragraphs 5.56.1.1. and 5.56.1.2.

5.56.2. The GCM authority approves or disapproves the recommendations for discharge under this
section which are not listed in paragraph 5.56.1. This includes conditional and unconditional board

hearing waivers for misconduct cases and cases when the SPCM authority is the initiating com-
mander.

5.56.2.1. The GCM authority must personally act on cases resulting in:

5.56.2.1.1. Discharge under other than honorable conditions.

5.56.2.1.2. An honorable discharge based on misconduct. The GCM may delegate to the
SPCM authority to approve honorable separations when the sole evidence of misconduct is
command-directed urinalysis results, which cannot be used for characterization of service, or
DEPARTMENT OF THEAIRF ""= PD 2905-—60/(6 7

HEADQUARTERS 341ST SPACE WING (A. —+

| Ap2z OS

| (Date)

MEMORANDUM FOR 741 MSFS (ATTN: QS

FROM: 741 MSFS/CC

 

SUBJECT: Notification Memorandum

1. Iam 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 or general. 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 Sep 02 and on or about 3 Jan 03, you wrongfully used marijuana. For
this misconduct, you received an Article 15 dated 20 Mar 03, with the following punishment:
reduction to the grade of airman basic; forfeiture of $575.00 pay per month for 2 months;
restriction to Malmstrom AFB, MT for 45 days (suspended), 45 days extra duty, with number of
days extra duty over 20 days suspended; and a reprimand. This document was placed in your

unfavorable information file (UIF).

 

3. Copies of the documents to be forwarded to the separation authority in support of this
recommendation are attached. The commander exercising Special Court-Martial 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 reenlistment in the Air Force and any special pay, bonus, 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.
I have made an appointment for you to consult the Area Defense Counsel, x4723, 7015 Goddard

Drive, Bldg 145, Room 144 on_| Soa 6% at_ | 5230 . You may consult civilian
counsel at your own expense.

5. You have the right to submit statements in your own behalf. Any statements you want the

separation authority to consider must reach me by COB i > z O'9_ (3 duty days) unless
you request and receive an extension for good cause shown. I will send all submitted statements

to the separation authority.

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

FOR OFFICIAL USE ONLY

Guardians of the High Frontier
(> Po2c0s- Sole?

7. You have been scheduled for a medical examination. You must report to the 341st Medical

Group Force Health Management Section, x3613, at o760 hourson BA pros for
the examination. You MUST be in uniform for this appointment. If you wear glasses, you must

also bring them to this appointment.

 

8. Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A
copy of AFI 36-3208, Administrative Separation of Airmen, is available for your use at your
orderly room.

9, Execute the attached acknowledgement and return it to me immediately.

  

apt, USAF
ander, 741st Missile Security Forces Sq

Attachments:
1. Supporting documents:

a. Article 15/UIF dated 20 Mar 03
b. Documents in Attachment 6
2. Airman’s Receipt of Notification Memorandum

FOR OFFICIAL USE ONLY