1 

"... 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I 
1  NAME OF SERVICE MEMBER (LAST, FIIISI. MIDDI.1 INITIAI) 
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TYPE  GEN 
X 

PERSONAL APPEARANCE 

1  GRADE 

SRA 

RECORD REVIEW 

NAME O F  COUNSEL AND OR ORGANIZATION 

ADDRESS AND OR ORGANIZATION O F  COI'NSEL 

'OUNSEL 

YES 

Ne 

X 

- - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

MEMBER SITTING 

l ION 

Ci EN 

". 

J

I

VOTE OF THE BOARD 

- 

O'I'HEK 
 

DENY 

X 

X 

X 

X 

X 

EXHIBITS SUBMITTED TO THE BOARD 

OKDEK AYPOIN'I'ING 'I'HE  BOAIIU 
AYI'LICA'I'ION  FOR  IiEVlEW OF DISCHARGE 

1 
2 
3  1  Lh'l'l'EK  OF NUVIFICATION 
4  1  BliIEF OF I'ERSONNEL  FILE 

COIJNSEL'S  RELEASE TO THE BOARD 
AI)I)I'I IONAI.  I-XHIRI'I'S SIJRMITTED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECORDING OF PERSONAL APPEARANCE HE 

1 

H M K I N G  DATE 

1  CASE NIIMBRR 

13 J u n  2007 
APPI.ICANT'S  ISSUE AND 'THE BOARD'S  DECISIONAL RATIONAL ARE DISCIJSSPD ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2006-0034 I 

Case heard in  Washington, D.C. via video teleconference between Andrews AFB Maryland and Robins AFB Georgia. 

Advise applicant of the decision of the Board and the right to submit an application to the AFRCMR 

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

1 0 '  

SAPIMRRR 
550 (' S1 KEET WFST, SUITE 40 
KANDOLPH AFB, TX 78 150-4742 

1 

SECRETARY O F  THF AIR  FOUCF YFUSON\FI  COI1\CII 
AIR FORCE DISC 1lARC.E  RE\  I F H   BOARD 
1535 COMMANIJ I)U, EE WINC, 3RIJ F1.OOR 
AN1)HE:WS AFB. MU 20762-7002 

INDORSEMENT 

DATE:  6/25/2007 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will bc used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00341 

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

The applicant appeared and tcstified before the Discharge Review Board (DRB), without counsel, via video 
teleconference between Andrews AFB, Maryland and Robins AFB, Georgia on June 13,2007.  The 
following witness also testified on the applicant's behalf: Mr. S.P. 

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 providcd by thc applicant substantiates an 
inequity or impropriety that would justify a change of discharge. 

ISSUE: 

Issue  1.  Applicant contends discharge was inequitable because it was too harsh and based upon an isolated 
incident after 38 months of service.  The records indicated the applicant received a Letter of Reprimand, a 
Letter of Counseling, and a Record of Individual Counseliilg for misconduct.  The applicant was 
administratively disciplined  for wrongful use of ecstasy and marijuana, undesirable attitude and low team 
participation, and failure to go.  The DRB opined that through these administrative actions, the applicant had 
ample opportunities to change her negative behavior.  The Board concluded the applicant's  misconduct was 
a significant departure from conduct expcctcd of all military members.  The characterization of the discharge 
received by the applicant was found to be appropriate. 

Issue 2.  Applicant states that her discharge did not take into account the good things she did while in the 
servicc. The DRB took note of the applicant's duty performance as documented by her performance reports, 
letters of recommendation  and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

CONCLUSIONS:  The Dischargc 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. 

[n 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 SRA)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF Hurlburt Field, FL on 14 
May 02 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals  for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 6 Jul 79.  Enlmt Age: 19 7/12.  Disch Age: 22 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-96,  E-86,  G-88,  M-55. PAFSC: 4F051 -  Aeromedical Journeyman. 
DAS: 23 Aug 99. 

b.  Prior Sv:  (1) AFRes  11 Feb 99 -  9 Mar  99  (29 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 10 Mar  99 for 4 years. Svd: 03 Yrs 02 Mo 05 Das, all 

AMS . 

b.  Grade Status:  SrA -  13 Nov  01 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 31 JAN 02 -  Wrongful use of ecstasy and marijuana. 

RIC, 28 SEP 01 -  Undesirable attitude and low team 

participation. 
LOC, 20 APR 01 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: 11 Mar 99 -  15 Oct 00  Hurlburt Field  4  (HAF DIR) 

16 Oct 00 -  24 Aug 01  Hurlburt Field  4  (CRO) 

h.  Awards  &  Decs:  AFTR. 

i.  Stmt of S v :   TMS:  (03) Yrs  (03) Mos  (04) Das 
TAMS:  (03) Yrs  (02) Mos  (05) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 24 Aug 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  issues. 
2. Court Documents 
3 .   Personal Emails. 
4. Statement of Subject/Witness/Complainant. 
5.  Interview Record. 
6. Memorandum For 16 MSS/DPMPP, 13 Nov 01. 
7. Memorandum For 16 MDOS/CC, 6 Feb 02. 
8. Four Character References. 
9. Response to Letter of Reprimand dated 31 Jan 02. 
10. Response to Recommendation for Administrative Discharge. 
11. Request for Retention, 22 Mar 02. 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS 16th SPECIAL OPERATIONS WING (AFSOC) 

HURLBURT FIELD,  FLORIDA 

I 
I 

13 March 2002 

FROM:  16 MDOSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct, more specifically, for drug 
abuse,  The authority for this action is AFPD 36-32 and AFI 36-3208, section H, paragraph 5.54.  If my 
recommendation for discharge 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 that between on or about 1 October 00 and on or about 3 1 October 00, you 
committed the following offenses:  wrongfhl  use of 3,4-methylencdioxymethamphetarnine (ecstasy), a Schedule I 
controlled substance, and wrongful use of marijuana in direct violation of article 1 12a of the Uniform Code of 
Military Justice.  You admitted to these crimes on or about 8 August 200 1, during an interview with OSI for which 
you received a Letter of Reprimand (LOR), dated 31 January 2002.  This is the sole basis in determining that you 
should be discharged and the characterization of your discharge. 

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 higher authority will decide whether you 
will be discharged or retained in the Air Force.  If you are discharged, you will be ineligible for reenlistment in the 
Air Force. 

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, Hurlburt Field, Florida, Bldg 90042,884-5216/5217,  on 
Thursday, 14 March at 0900 hours.  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 workdays unless you request and receive an extension for good cause shown.  I 
will send them to the separation authority. 

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

7.  You are scheduled for a medical examination, and you should report to the I-Iurlburt Clinic at 0800 hours on 
Friday, 15 March, for the examination. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974.  A copy of AFI 36-3208 
will be provided upon your request. 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  

:4 .-.-. .-. .-. .-.-. .-. .-. .-. .. .-. .-. .-. .-.-. .-. .-. .-.-. .-. .-. .: 

Cornrnandef, 1 6th Medical Operations Squadron 

Attachments: 
Documents supporting basis for discharge 
1.  Memorandum for Record in response to LOR wlsupporting documents, dtd  14 Feb 02 
2.  LOR, dtd 3 1 Jan 02 
3.  OSI Report of Investigation 

MEMOKANDUM FOR  16 SOWICC 

FROM: 16 SOWIJA 

2 9 APR  2002 

SUBJECT:  , - L e ~ a l  

- - - - - - -  Administrative Discharge, s ~ A !  

- - 
- - - Review, 
C -. . -. . . . -. . -. .I, 

:  I6 MDOS 

------------------------. 
.------------------------ 

; 

1.  Authoritv for Action:  We have reviewed the attached administrative dischare package in 
accordance with AFPD 36-32 and AFT  36-3208 and find that it is legally sufficient to support a 
finding that the respondent, SrA L - - - - - - - - - - - - - - - - - - - - - -, 
is subject to discharge for misconduct, 
more specifically drug abuse, under AFI 36-3208, chapter 5, section H, paragraph 5.54. 

------------------------. 

2.  Backmound:  SrA::::::::::: 
acknowledged receipt of the notification memorandum and her rights to consult counsel, and 
submit statements in her behalf.  On 22 Mar 02, she elected to consult counsel and submitted a 
written statement in her behalf. 

:was served with a notification memorandum on  13 Mar 02.  She 

3.  Basis for Action:  During this enlistment, the respondent, between on or about 1 Oct 00 and 
on or about 3 1 Oct 00, wrongfully used marijuana and 3,4-methylenedioxymethamphetarnine 
(Ecstasy), a Schedule I controlled substance. 

4.  Resmndent's Militarv Record:  Respondent has been on continuous active duty since 
11 Mar 99.  She has received a 4 and 4 on her Enlisted Performance Reports.  The respondent is 
entitled to wear the Air Force Training Ribbon. 

---------- 

5.  Respondent's Response:  The respondent consulted counsel and submitted a written 
statement on her behalf.  SrA: 
stay in the Air Force and also requests a personal appearance to present her case to sy:-Shg!ists 
several accornplislunents during her time at Hurlburt Field in the medical field.  S ~ A ;  
stated that the reason she admitted to using marijuana and 3,4-methylenedioxymethaiiipli~i~ine 
(Ecstasy), a Schedule I controlled substance was because she was going through some extremely 
emotional circumstances at the time she was interrogted on 22 Aug 01.  According to SrA 
- - - - - - - - - - , 

:stated in her response that she believes she deserves to 

- - - - - - - - - - I  

: the Office of Special Investigations (OSI) interrogated her for over five hours.  SrA 
: stated that she felt she had no choice but to admit to using drugs because the OSI agent 

+---------a 

L --------- l 
told her they would not believe she was innocent, 

6.  Analvsis: 

a.  Basis for Discharae:  The respondent, between on or about 1 Oct 00 and on or about 3 1 

Oct 00, wrongfully used marijuana and 3,4-methylenedioxymethamphetamine (Ecstasy), a 
Schedule I controlled substance.  She admitted this use during an OSI investigation and also 

Any  T i m .  . . Any Plocc 

admitted to taking "yellow jackets"  to give her peers the perception that she was using ecstasy. 
Although she later claimed that shc had not used the illegal drugs and had lied to OSI when she 
claimed she had, her admission provides more than a preponderance of evidence to establish a 
basis for discharge und& paragraph 5.54.  Paragraph 5.54 states "[dlrug abuse is incompatible 
with military scwice and airman who abuse drugs one or more times are subject to discharge for 
misconduct." 

b.  Should Respondent he DischaraedY  In accordance with AFI 36-3208, chapter 5, section A, 
paragraph 6,2.1, discharge processing for drug related offenses is mandatory, unless the member 
meets the specified retention criteria set forth in section H, paragaph 5.55.2.  The respondent has 
argued that she meets the criteria.  We disagree.  She admitted to using ecstasy and marijuana. 
Her admission of taking "yellow jackets"  shows the extreme measures she has taken to be in the 
wrong crowd and in with the wrong kind of people, who obviously have an influence over her ' 
and the decisions she makes.  Our conclusion, after review of the evidence included in this file, 
proves she should be discharged. 

c.  Characterization of'Discharge: The initiating commander recommends a General 

discharge.  The authorized discharges are (1)  an Honorable dischar~, (2) a General discharge, or 
(3) a discharge Under Other Than Honorable Conditions (UOTHC). However, in order to impose 
a UOTHC discharge, a member must be given the right to an administrative discharge board.  If 
you believe a UOTIIC discharge is appropriate, you have the option of convening an 
administrative discharge board.  However, we do not recommend doing so.  Whilc the 
respondent's conduct was unacceptable, it was not so extreme as to warrant a UOTHC discharge. 
On the other hand, an Honorable d i s c h a r ~  is not warranted either.  An Honorable discharg 
should be reserved for those whose service is "so meritorious that anyother characterization 
would be inappropriate." As the Special Court-Martial Convening Authority, you may request an 
Honorable discharge, but only the General Court-Martial Convening Authority, AFSOCICC, can 
approve it.  We believe a General discharge is the appropriate characterization of the respondent's 
misconduct.  A General discharge should be imposed when ''significant  negative aspects of the 
airman's conduct or performance of duty outweigh the positive aspects of the airman's military 
record ."  This accurately describes the respondent's service. 

d.  Probation and Rehabilitation: In  accordance with AFI 36-3208, chapter 5, section A, 

paragraph 7.2.6, airmen are not eligible for probation and rehabilitation if the basis for discharg 
is drug abuse. 

7.  Errors and Irreeularities:  The respondent has asked for a personal appearance before pu. 
We recommend this request be denied.  The process of involuntary discharge actions does not 
warrant a personal appearance.  There are no other errors or irreglarities in the discharge 
package that would affect the leg1 sufficiency of this discharge. 

8.  Options:  As the Special Court-Martial Convening Authority, you may: 

a.  Forward this package with a recommendation for waiver of d i s c h a r ~  to the General 

Court-Martial Convening Authority, AFSOCICC; 

b.  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 rehabilitation under paragraph 5.54; 

d.  Direct reinitiating the package to convene an administrative discharge board if you believe 

that an under other than honorable conditions (UOTHC) discharge is warranted. 

---- 
----------- 

9.  Recommendation: 
sr“$---*-* 
probation and rehabilitation. 

We recommend that you sign the attached letter at tab A, directing that 
i be discharged from the United States Air Force with a General discharge without