AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
CAPT
ONAL APPEARANCE x _| RECORD REVIE
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES No
AMERICAN LEGION ATTN: QUEEN BAKER 1608 K STREET NW
x . WASHINGTON DC 20006
_ MEMBER SITTING HON GEN UOTHC | OTHER
= T [ |
7 r
——

ISSUES 491.13 INDEXNUMBER 4 66.90 z

A02.17 1 JORDER APPOINTING THE BOARD

A92.21 2 |APPLICATION FOR REVIEW OF DISCHARGE

A01.17 3 |LETTER OF NOTIFICATION

A01.31 [4 [BRIEF OF PERSONNEL FILE

AO1.39 . [COUNSEL'S RELEASE TO THE BOARD

A01.21 ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

A01.23 PERSONAL APPEARANCE |

A94.05 r TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE r CASE NUMBER |
04 Feb 2011 FD-2009-00061

 

 

 

  

   

 

Case heard in Washington, D.C.

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.

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

*Reason and Authority

  
 

ROR RE REEL Me PAM:

 

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

 
 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE RF VIEW BOARD

1535 COMMAND DR, EE WING. 3RD FLOOR

ANDREWS AFB, MD 20762-7001)

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00061

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined
and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge and change of reason and authority for
discharge. ,

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.

ISSUES:

Issue 1. Applicant contends his discharge was improper due to violation of his Fourth Amendment Rights
whereas The Office of Special Investigations (OSI) performed an illegal search and seizure; investigation
documents were falsified; failure to stop questioning after repeated attempts requested by applicant; failure
to adhere to applicant’s request to speak with his commander; his Area Defense Counsel was inadequate;
failure to clarify OSI’s processes and procedures; .

Issue 2: Applicant contends his discharge was improper due to failure to submit proper documents to the
Secretary of the Air Force; prejudicial information was provided to the Secretary of the Air Force Personnel
Council (SAFPC); failure to provide copies of Disposition Report to applicant, failure to correct
administrative errors within the Report of Investigation (ROI); use of illegal evidence; and failure to
| complete his case in an understandable format.

Issue 3: Applicant contends his discharge was improper due to inadequate Area Defense Counsel

Issue 4: Applicant states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his 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.

Issue 5: The DRB was pleased to see the applicant was doing well. However, no inequity or impropriety in
his discharge was suggested or found in the course of the hearing. The Board concluded the misconduct of
the applicant appropriately characterized his term of service.

Issue 6: Although not explicitly stated, applicant contends his discharge was inequitable because it was too }
harsh. The records indicated the applicant received an Article 15 for using marijuana. The DRB opined that

through these administrative actions, the applicant had ample opportunities to change his negative behavior. |
The Board concluded that the negative aspects of the applicant's service outweighed the positive |
contributions he made in his Air Force career. The characterization of the discharge received by the |

applicant was found to be appropriate.
CONCLUSION: 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 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 and determines the discharge should remain unchanged.

Attachment:
Examiner's Brief
AUTHORITY: 10 U.S.C. 1553; £.0. 9397.

ROUTINE USE(S): None.

  
 
 

 

 

APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL
FROM THE ARMED FORCES OF THE UNITED STATES
(Please read instructions on Pages 3 and 4 BEFORE completing this application.)

The public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing the burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports {0704-0004),
1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any

penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.
PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT

MARINE CORPS

  

PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for
Social Security Number is strictly to assure proper identification of the individual and appropriate records.

1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.
———— S<| CHANGE TO HONORABLE
CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

CHANGE TO UNCHARACTERIZED
{Not applicable for Air Force)

CHANGE NARRATIVE REA
SEPARATION TO:

luatacv/Shapin:

14, at” Seana instructions en

  
  
    
 

 
   
 
    
  
  

 
 

      
    
  
  
   
   
 

es °°)

 

  
 

     
     

  
  

   

  

 

 

   
 
 
 
 

WASHINGTON, D.C. METROPOLITAN AREA.

(enter city and state)

  

{See Item 10 of the instructions about counsel/representative.}

 

the name fprint}

10.a. COUNSEL/REPRESENTATIVE (if any) NAME fLast, First, Middle Initia) AND ADDRESS

 

 

 

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. 1 AND/OR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
| AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE

| AND/OR (counsel/representative} WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(NOTE: The Navy Discharge Review Board does not have a traveling panel.)

 

b. TELEPHONE NUMBER finciude Area Code}

  
 

 
  
 

 
  
     

 

c. E-MAIL

 
 

 

d. FAX NUMBER (/nclude Area Code)

 

11. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. If the record in question is that of a deceased or incompetent person, LEGAL PROOF OF
DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION.

and relationship by marking a box below.

|__| spouse [| wipow | | wiDoweR | | NEXT OF KIN | LEGAL REPRESENTATIVE | oTHER (Specify)

if the application is signed by other than the applicant, indicate

  
      

  

     

 

  

(Forward notification of any change in address.)

 

 

 
 
  
  

13. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years,

12.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE

 

b. TELEPHONE NUMBER (include Area Code}

       

 

c. E-MAIL

 
 

 

d. FAX NUMBER {include Area Code)

 

 

of the

 

 

   
  

b. DATE SIGNED - REQUIRED
(YYYYMMDD}

2609 O/ 3B/

   

VIOUS EDITIONS ARE OBSOLETE.

CASE NUMBER
(Do not write in this space.)

FD-2007-000 b1
3 ae) A

  
  
   

    
   
 

    
  

Page 1 of 4 Pages
14. CONTINUATION OF I

  

ISSUES (/f applicable} ere ebhonded Deo |
32 Femi woud en Lege

 

  
 

6,
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Sock sre nan ons ANAT SY agit cy Meck te ety oe
dod cs WIP a corr ph re Hise we e indy One
a pilune Wo te nT e single Re SRP TY ee pls tome We OST

   

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (/f applicable} J
UY, Memonanrdam ten &¥ Osx Cdex sis), 14 Ful Ole , no* 4, Linke Ss UY Gad S-

5, Miemanraddumn nem Use sus/dd Paregnosih da,Lude 4, do Neu Blo
lor Mamsnornidum Fron 435 ARBW/IK, 2e Nov Lto , Attachments
On? | 9-20 sMighed

Qa, Laer

aroanaghh y oe
lo, Renan A Teanetigchon, Nennekie TWF, 2-3 Lie 13
b, Panooporhh 3«.(0i seussious)

1. “No Ennors %
Ae AOL

& Section 3-5, PegeS , a.
)- dene File Waeumaritahiont [Uj Racye 1 CEsteramery motes), Subyact 7 tine
Z., base File Yor } Low I-3, Paze. i Taterview Rearend). AF Lory BIFS5 Seclion 2S :

     
   
      
    

 
 
     
 

     

16. REMARKS (/f applicable)

 
    
  

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

  

ARMY NAVY AND MARINE CORPS

    
     
 
 

Army Review Boards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, SE
9700 Page Avenue Room 309 (NDRB)

 
 

St. Louis, MO 63132-5200

(See http://arba.army.pentagon.mil) Washington Navy Yard, DC 20374-5023

  
 
  

  

AIR FORCE COAST GUARD

     

Air Force Review Boards Agency U.S. Coast Guard

 
 
    
     
 

SAF/MRBR Commandant (G-WPM)
550-C Street West, Suite 40 2100 Second Street, S.W. Room 5500
Randolph AFB, TX 78150-4742 Washington, DC 20593

  
  

 

 

DD FORM 293, AUG 2003 © Page 2 of 4 Pages
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

AFDRB BRIEF

DOCKET # COMPONENT:
FD2009-00061 USAF

 

 

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR:
GENERAL RAMSTEIN AB, GE 21 SEP 07 HON DISCH & NARRATIVE REASON

DOB/ ENLMT AGE : DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
14 AUG 66 2411/12 4112 CAPT CAPT 2 MAR 05 NONE

 

AFSC: 34M3 - SERVICES OFFICER DE P DT: ASVAB SCORES:
13M3 — AIRFIELD OPERATIONS 4 JUL 91 A: N/A E: N/A G: N/A M: N/A

D. ART 15: D. LOR, LOA, RIC, LOC: E. SPCM/ GCM: ADDITIONAL: (IE. CIVIL CONV, CDC)
ART 15: 1 NONE NONE NONE

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :

22 MAY 02 - 22 JAN 03 GRANDFORKS MS (CRO)

23 JAN 03 ~ 22 JAN04 RAMSTEIN AB MS (ANNUAL)
3 SEP 04-12 JAN03 ALI AL SALEM AB (AF FORM 77)

23 JAN 05 — 22 JANO6 RAMSTEIN AB MS (ANNUAL)

23 JAN 07-19 SEP 07 RAMSTEINAB MS (CRO)
G. AWARDS & DECS: AFCM, AFAM wi4O0LC, AFOUA w/30LC, AFGCM w/30LC, NDSM wi1SS, GWOTEM, GWOTSM, AFOSSTR,

AFLS wi1OLC, USAF NCOPMEGR
EAD: DAS: H. TMS: ~ | TAMS:
31 JUL 91 UNKNOWN UNKNOWN 16 YRS,1 MOS, 21 DAS

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA: PA:
31 JAN 09 10AUGO09/JLL YES NO

 

 

 

RECORDS : | MPR: | ARMS: X -STR: X ISSUES: YES | ATTACHMENTS: YES

 

 

AUTH FOR DISCHARGE :
AF! 36-3207, PARA 2.30, AFI 36-3206, PARA 3.6.3 & SECRETARY OF THE AIR FORCE ORDER 240.8 (MISCONDUCT)

ART 15; SPMC; GCM; ADDITIONAL:

 

ART 15: 30 SEP 06 - (ART 112A) USED MARIJUANA.

 

EXAMINER’S NOTE:

 

©SAF/MRBR V10709
Form Approved
OMB No. 0704-0004
Expires Aug 31, 2006

APPLICATION FOR THE REVIEW OF.DISCHARGE OR DISMISSAL
FROM THE ARMED FORCES OF THE UNITED STATES
{Please read instructions on Pages 3 and 4 BEFORE completing this application.)

  
  

The public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing the burden, to Department of Defense, Washington Headquarters Services, Directorate for information Operations and Reports (0704-0004),
1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any
penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ADDRESS. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.
PRIVACY ACT STATEMENT

     
 
   
 
 
 

  
 

AUTHORITY: 10 U.S.C. 1553; £.0. 9397.
PRINCIPAL PURPOSE(S): To apply for a change in the characterization or reason for military discharge issued to an individual.

ROUTINE USE(S): None.
DISCLOSURE: Voluntary; however, failure to provide identifying information may impede processing of this application. The request for

Social Security Number is strictly to assure proper identification of the individual and appropriate records.
14. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

MARINE CORPS NAVY Blan FORCE
c. GRADE/RANK AT DISCHARGE

0-3E /tartoun

 
     
   
 
 
  

  
  
  

  
 

COAST GUARD

  

    
  
     

 

 
 
 

   
   
 
    

CHANGE TO HONORABLE
CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

CHANGE TO UNCHARACTERIZED
(Not applicable for Air Force)

CHANGE NARRATIVE REASON FOR

(YYYYMMDD) (if date is more than 15 years
ago, submit a DD Form 149)
a \ UNDER OTHER THAN HONORABLE CONDITIONS

3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only}
OR SEPARATION UNCHARACTERIZED

   

 

 

  
      
     

     
   

   

6. ISSUES: WHY Baelvense UPGRADE OR CHANGE IS REQUESTED AND ee FOR —— wear aes in Ite

he og gee de EET Steen

     
  
     

. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in item 17.

IF milit: oN. documents or medical rere 2 are NS to your case, please send copies.} _
‘ Repost Sa Steck ee WALI — 241 Fonaoe 704 OY (Ro T)

nF Pane WO Stem oy 7 wttsanin (Ger

» Cong FOR 2) gevmontalen (1 io” RE Foam Weg Oe SunpeX /Dariann/ omens

b ease > Line 3 2g
9. TYPE OF REVIEW REQUESTED (X one}

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
SUBMITTED BY ME. | AND/OR (counsel/representative} WILL NOT APPEAR BEFORE THE BOARD.

| AND/OR {counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD IN THE
WASHINGTON, D.C. METROPOLITAN AREA.

| AND/OR ({counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city and state} (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

10.a. COUNSEL/REPRESENTATIVE (/f anyi NAME fLast, First, Middle Initial} AND ADDRESS |b. TELEPHONE NUMBER {include Area Code}
(See Item 10 of the instructions about counsel/representative.)

   
    
  

      
  
  
 

      
    
     
      
    

 
 

 

     

  

 

 

c. E-MAIL

 
 
 

 

  
   
  

d. FAX NUMBER {include Area Code)

    

11. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. If the record in question is that of a deceased or incompetent person, LEGAL PROOF OF
DEATH OR INCOMPETENCY MUST ACCOMPANY THE APPLICATION. If the application is signed by other than the applicant, indicate
the name (print) and relationship by marking a tox below.

| __|spouse | |wiwow [| wiower | NEXT OF KIN | LEGAL REPRESENTATIVE __| OTHER (Specify)

12.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE b. TELEPHONE NUMBER finciude Area Code}

(Forward notification of any change in acciress.)

      
 

 

 

 

             
 
 

   

 

c. E-MAIL

 
 
 

 

d. FAX NUMBER finciude Area Code)

 
  
 
  
 

 
 
   

CASE NUMBER
{Do not write in this space.)

(YYYYMMDD) ED 204 “ C0CO eL
2009 Bf 3/ arr bh

PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 4 Pages

13. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287
4 e fined under this title or imprisoned not more than 5 years,

  
   

   
  
   

  

 

 
  
  
 
  

b. DATE SIGNED - REQUIRED
15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS if applicable}

Y, Memonardum Een AFOOT CDek& SIS), 14 Fal Ole , WoFd Lines 4 aad S-
5, Memanraldum Faem ase svs/dd , Pas ancarossh da, Lue, 4, ao Neu ble

Mamenonidamy Fram 135 ABW/TA, Re Nov &&
7 Gr Fesvognagh Qa, Lowe H

to Repard ay Lane shychionl, Nennekine Fete, 2-3 Lure \>
é, Parcopeghy 3 & (Distussions)

ie“ do Ennors %
ar Rox.

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€. base File Yocumentediow 1-3, Page | Twterview Rezend) \), AE x7 39P 55 Seckion 3, Refine

16. REMARKS (/f applicable)

documend, NO AL o Vre QOL

Lunes Sle Gad Lwo akon EE oe ees esti

No see TKE won, peek

paketedioo

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

ARMY NAVY AND MARINE CORPS

Arey Review Beards Agency Naval Council of Personnel Boards
Support Division, St. Louis 720 Kennon Street, S.E
9700 Page Avenue Room 309 (NDRB)

St. Louis, MO 63132-5200 \
(See http: //arba.army.pentagon.mil) Washington Navy Yard, DC 20374-5023

 

AIR FORCE COAST GUARD

Air Force Review Boards Agency U.S. Coast Guard

SAF/MRBR Commandant (G-WPM)

550-C Street Vest, Suite 40 2100 Second Street, S.W. Room 5500
Randolph AFB TX 78150-4742 Washington, DC 20593

‘DD FORM 293, AUG 2003 _ — " Page 2 of 4 Pages i
ISSUES: Why an upgrade or change is requested and justification for the request: (DD Forms 293)

12. My discharge was improper because the 435 ABW/JA Office misinformed the discharge Chain of
Command with an incomplete Report of Investigation Report.

13. My discharge was improper because the Memorandums and RO! did not state how the torn
statement was confiscated.

14. My discharge was improper because written Air Force Instruction of the 36-3206 had erroneous
paragraph instructions written in a Memorandum identifying my case for homosexual behaviors.

15. My discharge was improper because there was a failure to determine if discharge proceedings was
the right course of action based upon one single allegation.

16. My discharge was improper because of failure to complete me case in an understandable format.

17. My discharge was improper because of failure to characterize me against my entire Service as an
Enlisted Non-Commissioned and Commissioned Officer.

18. My discharge was improper and inequitable because of a FALSIFIED Report of Investigation.
In Support (Continue) of this application, the following attached documents are submitted as

evidence:
9. Show Cause Retention Package

10. Memorandum For 3 AF/CC, 18 Dec 06, No# 4 (Law and Policy), Line 3-5

11. Paragraph 3.3.3.2

 
    
 

es 11-13 ( 23 Mer 0)

, Page 2, paragraph 3, Lines 21-23 C Ib Rus 6 7)

12. Memorandum From HQ AFPC/DPPR
13. Memorandum For Secretary of Air Force
14. Officer Performance Report, 23 Jan 07 to 19 Sep 07
15. Email, 04 Jan 09

16. Email, 12 Jan 09

17. Case File Documentation 1-9 (interview Note), Subject, Page 2

  
    
 

18/19. hank you Letter/ Department of VA Picture ID

nm 2-3, Lines 1-&

 

20. Falsified Information, i

21. Master Military Personnel Record
f he ‘
‘ “a8 @
ce priors - ree: . .

DEPARTMENT OF THE AIRFORCE ~
HEADQUARTERS THIRD AIR FORCE (USAFE)

19 BEC 2079

 

' “MEMORANDUM FOR
FROM:3 AF/CC -

SUBJECT: Notification of Show Cause Action Initiated Under AFI 36-3206, Chapter 3,
Paragraph 3.6.3

ANE

1. I am initiating action against you under AFI 36-3206, chapter 3, paragraph 3.6.3, that requires
you to show cause for retention on active duty. .

2. lam taking this action because you used marijuana between on or about 7 February 2006 and
on or about 8 March 2006. The least favorable characterization of discharge that the Secretary of
the Air Force may approve in this case is under other than horiorable conditions (UOTHC). .

Attached i is a copy of the documentary evidence supporting this action.

3. Si gn and date the attached indorsement acknowledging receipt of this notification -
memorandum. A copy of the notification memorandum will be provided to you. If you decline
to acknowledge receiving this notification memorandum, the officer presenting it to you will
indicaté the date and time that you declined to acknowledge receiving it and it will be included

as a part of your case file.

4, Familiarize yourself with AFT 36-3206, particularly the rights that you have. If you do not
apply for retirement or request a resignation in lieu of further administrative action, a board

me as provided in Chapter 6 or Chapter 7.
~~ uilding 539, Ramstein
. ou decline counsel, contac

Building 2106, for counseling about your rights and options.

 
 
 
 
 

 
  

5. If you elect to present matters to a BOI, the standard of proof used by the board to make
findings is a preponderance of evidence. You may present evidence and argument to rebut the
reason set forth in this notification memorandum or any additional reason or information
developed during the BOI proceedings. You also may present other pertinent evidence.

6. Within 10 calendar days after you receive this notification memorandum, you must respond
by indorsement to me. If] do not receive the indorsement within the allotted time I will proceed

with further action under AFI 36-3206. Include in your indorsement:

a. Any statement you wish-to submit on your own behalf and/or any additional evidence that
you wish me to consider. If you are unable to submit your statements or documentary evidence
within 10 calendar days after receiving this notification memorandum, you may request more
time as allowed under AFI 36-3206. Submit your request for additional time to me. If you do
her ADE counseled you and that you fully:understand

‘ou declined counsel, so state and indicate ‘ha
ounseled you and that you fully understand yo

rights and options in

c. A statement that you understand the following regarding recoupment of education
assistance, special pay, or bonuses received if you haven’t completed the period of active duty

you agreed to serve:

(1) Recoupment of a portion of education assistance, special pay, or bonus monies
received if you voluntarily separate.

(2) Recoupment of. a portion of education assistance received if involuntary discharge is
for misconduct.

(3) Recoupment of a portion of special pay or bonus monies received regardless of the
basis for involuntary discharge.

(4) The recoupment in all cases is an amount that bears the same ratio to the total amount
or cost provided to you as the unserved portion of active duty bears to the total period of active

duty that you agreed to serve.

' d. A statement notifying me whether you intend to apply for retirement or tender your
resignation. If you have applied for retirement or tendered your resignation, attach a copy of the

retirement application or the resignation.

e. A statement that the area defénse counsel or the chief, Military Personnel Flight, explained
separation pay to you and that you understand the eligibility criteria to receive separation pay. -

f. Any other pertinent information.

7. In response to this notification memorandum, you may, within 10 calendar days: tender your
resignation under AFI 36-3207, chapter 2, section B, with the understanding that, if the Secretary

of the Air Force accepts your resignation, you may receive an under other than honorable
conditions (UOTHC) discharge unless the Secretary of the Air Force determines that you should
receive a discharge under honorable conditions (general) or an honorable discharge. If the

Secretary of the Air Force accepts your resignation, your discharge date will be as soon as
possible but no later than 20 calendar days after the date that the MPF receives separation

instructions.

8. No action is required under AFI 31-501, Personnel Security Management Program.
e @

9. You may request excess leave if the Air Force doesn’t require your further participation in.

processing your case.

Attachments:

1. AF Form 3070

2. OSI Report of Investigation -
3. AFI 36-3206 .
4, AFI 36-3207
: toa
o :

 

MEMORANDUM FOR SCA : | ar

1 acknowledge receiving the Notification of Show Cause Action memorandum from 3 AF/CC dated
19 December 2006 with 4 attachments at VS Fo ONT Sa 2007.
DEPARTMENT OF THE AIR FORCE.
HEADQUARTERS THIRD AIR FORCE (USAFE)

 

08 FEB 2007
MEMORANDUM FOR 3 AF/CC

FROM: 3 AF/JA

SUBJECT: Legal Review, Conditional Board Waiver -
435 SVS, Ramstein AB, Germany

, as the Show-Cause Authority (SCA) initiated a discharge proceeding
der the provisions of AFI 36-3206, Chapter 3, paragraph 3.6.3. The same

wledged receipt of the Notification to Show Cause. On 16 Jan 07, P|
itted a conditional waiver of b ing IAW AFI 36-3207, Separating

oned Officers, Paragraph 2.30. ie to waive his right to a BOI,

conditioned on the Secretary of the Air Force approving no less than an under honorable

conditions (general) characterization of discharge.

 
  
 
 
   
 

2. BACKGROUND.

a. a. non-probationary, regular officer. His total active federal military service
date is ul YI. rus total active commissioned service date is 2 Mar 01. He does i i an
T

 

active-duty service commitment resulting from government educational assistance.

assigned as the rt Operations Officer, 435th Services Squadron, Ramstein Al
Base, Germany. las prior enlisted and commissioned on 02 Mar 01.

 

  
 
  

b. On2 435" Medical Group Demand Reduction Program Manager notified
AFOSI that d tested positive for Tetrahydrocannabinol (THC), or marijuana, at a
level of 214 er milliliter (ng/mL) duri urinalysis conducted on 8 Mar
06. The DoD cutqgis L. AFOSI ~idflll his rights and left him alone to
write a statement. ote a statement, then tore il up and wrote another statement

denying knowledge of how the drug might have gotten into his system. AFOSI retrieved the torn
up statement and sent it to the United States Army Criminal Investigation Laboratory (USACIL)
for reconstruction. USACIL was ab] ent with only a few words
illegible. In the reconstructed statem using marijuana while on leave
in Atlanta from 21 Feb — 1 Mar 06, eceived punishment under Article
15, UCM, for a violation of Article 1TZa, wronglul use of a Controlled substance.

 
 
  
  
  
  

   

c. On 16 Jan 07, submitted his conditional waiver statement. In this statement he
states he is willing to waive his right to a board hearing in return for no less than an under

honorable conditions (general) discharge. submitted a statement and several
attachments for your review. In his pack equests to be retained on active duty or
if he is not to be retained, he requests to be discharged with an honorable service

characterization.
oo o .

3. ANALYSIS.

a. Pursuant to AFI 36-3206, Administrative Discharge Procedures for Commissioned
Officers, paragraph 3.6.3 provides that officers may be discharged for illegal drug use. In drug
or alcohol abuse cases, the SCA may consider all relevant and admissible evidence on:the issue
of retention or discharge. If you recommend acceptance of the conditional waiver, the discharge
characterization may be honorable or under honorable conditions (general). According to AFI
36-3207, paragraph 1.7.2, the SAF may direct an under honorable conditions (general) discharge
if the military record is not sufficiently meritorious to warrant an honorable discharge but doesn’t
warrant a discharge under other than honorable conditions.

  

135 ABW/CC, concurs with the recommendatio

Ca Le ve Mijuana at more than 14 times the DoD cutoff, wrdte¢
to drug use, tore that statement up, then wrote another statement swearing he had no Kowledec
as to how the drug could have gotten into his system, shows a lack of integrity that does not
merit an honor e characterization. There is sufficient evidence to support the

_ allegation = illegal drugs and that he should be discharged with an under

honorable con al) discharge.

 

 
 

4. OPTIONS. Under AFI 36-3207, paragraph 2.31., you have two options:

a. Reject the conditional waiver and i either he submit an unconditional
waiver or.a board hearing will be scheduled

b. Recommend acceptance of the conditional waiver and forward to USAFE/CC.

TION. Forward the case to HQ AFPC/DPPRS with a recommendation that
ed with an under honorable conditions (general) discharge characterization.
; proposed memorandum at Attachment 1.

 
 
 
 

*

 

Attachments:

Proposed Action Memorandum
Conditional Waiver Request, dated: 16 Jan 07, 2 pgs

435 SVS/CC Conditional Waiver Recommendation Memorandum, dated: 30 Jan 07
Capt Sims Response Package

Discharge Package

ARLYN