AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

  
  

    

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

AMN
PERSONAL APPEARANCE x RECORD REVIEW

{ NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

   

 

   

 

 

TYPE GEN

   

 

 

 

 

HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

x
Xx
x
x
x
ISSUES A94,53 INDEX NUMBER A66.00 Ro
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
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
09 Sep 2010 FD-2009-00088

   
 
  

SVE AND TEE FC DE ARE DIscLSEED

 

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.

 

 
  

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

| AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00088

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
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.

FINDINGS: The Board denies the upgrade of the discharge.

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:

Issue 1. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB
noted that when the applicant applied for these benefits he understood he must receive an Honorable
discharge to receive future educational entitlements. The Board was sympathetic to the impact the loss of
these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would
warrant an upgrade.

Issue 2. The record indicates that the applicant was discharged for Misconduct—Drug Abuse. He received
an Article 15 for wrongful use of marijuana. The record shows that the applicant tested positive during a
random drug urinalysis. He was later investigated during an OSI investigation and admitted to smoking
marijuana. After a review of the record, the Board found no evidence to indicate that the applicant did not
know right from wrong or that in his four years of service was unaware of the Air Force policy of zero
tolerance to drug use. The Board found the negative aspects of the willful misconduct outweighed the
positive aspects of the applicant’s performance and concluded that the discharge was 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 the applicant 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
- APPLICATION FOR THE REVIEW OF DISCHARGE OMB No. 0704-0004

FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

fons, 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 the Department of Defense, Executive Services Directorate (0704-0004). 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 ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.

PRIVACY ACT STATEMENT
AUTHORITY: 10 U.S.C. 1553; E.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.

1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

 

COAST GUARD

 

 

(YYYYMMDD) (If date is more than 15 years CHANGE TO HONORABLE

ago, submit a DD Form 149)
20030529

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

78FS SHAW AEB, SC
6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions on
P 3.
1 WOULD LIKE TO USE MY GI BILL BENEFITS.

 

 

 

 

SEPARATION:

 

AND THIS FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14.
If military documents or medical records are relevant to your case, please send copies.)

| 7. (X it applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)

9. TYPE OF REVIEW REQUESTED (Xx one)
CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
% | SUBMITTED BY ME. I AND/OR (counsel/representative) WILL. NOT APPEAR BEFORE THE BOARD.

| ANDIOR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE THE BOARD iN THE
WASHINGTON, D.C. METROPOLITAN AREA.

PT ANDIOR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(enter city eee (NOTE: The Navy Discharge Review Board does not have a traveling panel.)

(if any) NAME (Last, First, Middle Initial) A
"(See item "0. of the instructions about counsel/representative.)

 

 

 

e Aréa Code,

11. APPLICANT MUST SIGN IN ITEM 12.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 box below.

LEGAL REPRESENTATIVE |_| OTHER (Specify)

42. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the CASE NUMBER
penalties involved for willfully making a false statement or claim. (U.S. Code, Title 18, Sections 287 (Do not write in this space.)
0 ; inaien imprisoned not more than 5 years, or both.)

De YEO) eURED Fb2004 .. . Sy
20040128

DITION IS OBSOLETE. Page 1 of 4 Pages
FormFiow/Adobe Designer 7.0
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

DOCKET # COMPONENT:
FD2009-00088 USAF

 

S ; : DISCHARGE DATE: APPEALS FOR:
GENERAL 29 MAY 03 HONORABLE DISCH

 

DOB/ ENLMT AGE : DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
10 AUG 81 17 21 AMN SRA 15 APR 03 NONE

 

AFSC: 2A353B - TACTICAL AIRCRAFT DEP DT: ASVAB SCORES:
MAINTENANCE 4FEB 99 A: 74 E: 72 G:82 M: 58

 

 

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) :

30 JUN 99 — 15 JAN 01 SHAW AFB 5 (DBH)

15 JAN 01 -— 15 JAN 02 SHAW AFB 3 (ANNUAL) REFERRAL

16 JAN 02 - 15 JAN 03 SHAW AFB 5 (ANNUAL)

G. AWARDS & DECS: AFTR, NDSM, AFEM, AFOUA, JMUA, AFGCM

EAD: DAS: H. TMS: TAMS:
30 JUN 99 26 DEC 02 4 YRS, 3 MOS, 25 DAS 3 YRS, 10 MOS, 30 DAS

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA: YES PA: NO
28 JAN 09 200CTO9/JL

 

RECORDS : | MPR: .X ARMS: | STR: X | ISSUES: YES | ATTACHMENTS: NO

 

AUTH FOR DISCHARGE :
AFI 36-3208, PARA 5.54 (MISCONDUCT: DRUG ABUSE)

ART 15; SPMC; GCM; ADDITIONAL:

ART 15: 15 APR 03 - (ART 112A) USED MARIJUANA.

 

EXAMINER'S NOTE:

 

©SAF/MRBR V10709
OMB No. 0704-0004

  
 
 

~ APPLICATION FOR THE REVIEW OF DISCHARGE

FROM THE ARMED FORCES OF THE UNITED STATES OMB approval expires
(Please read instructions on Pages 3 and 4 BEFORE completing this application.) Oct 31, 2009

es per response, including the time tor reviewing Insductions, Searching existing dala sources, gatnenng and

maintaining the data neoded. 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 the Department of Defense, Executive Services Directorate (0704-0004). Respondents should be aware that notwithstanding any other provision of law, no
person shail be subject to any penalty for failing to comply with a collection of information if it dees not display a currently valid OMB contro! number. PLEASE DO NOT RETURN YOUR FORM

Tot THE ABOVE ORGANIZATION. RETURN COMPLETED FORM TO THE APPROPRIATE ADDRESS ON BACK OF THIS PAGE.
PRIVACY ACT STATEMENT

   
  
  

  

 
 

AUTHORITY: 10 U.S.C. 1553; E.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.
1. APPLICANT DATA (The person whose discharge is to be reviewed). PLEASE PRINT OR TYPE INFORMATION.

 
   
   
  
     
    
     

  
  

   

 

2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (x one)} 5. BOARD ACTION REQUESTED (x one)
(YYYYMMDD) (If date is more than 15 years HONORABLE |] CHANGE TO HONORABLE

ago, submit a DD Form 149)
X| GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

20030529 UNDER OTHER THAN HONORABLE CONDITIONS CHANGE TO UNCHARACTERIZED
3. UNIT AND LOCATION AT DISCHARGE BAD CONDUCT (Special court-martial only) (Not applicable for Air Force}
OR SEPARATION UNGHARACTERIZED ANGE NARRATIVE REA

78FS SHAW AFB, SC
6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in Item 13. See instructions an

Page Fh
I WwOUL LIKE TO USE MY GI BILL BENEFITS.

  
        
 
 
 

    
   
   

   
 

   

 

 

 

  
   
 

   

 
  

 

SEPARATION:

 

     
     
 
  

 
   

(X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD)
” BND THIS FORM IS SUBMITTED TO.ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.

8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue in Item 14.
If military documents or medical records are relevant to your case, please send copies.)

    
 
   
  

9. TYPE OF REVIEW REQUESTED (x one)

 

  
 
 

    

  

CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
| 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.
|| {enter city and state) (NOTE: The Navy seed i Review Board does not have a traveling panel.)
0.a. ENTATIVE (if any) NAME (Last First, Middle Initial) A

X | SUBMITTED BY ME. | ANDIOR (counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
1 AND/OR (counsel/representative) WISH TO APPEAR AT A HEARING AT NO EXPENSE TO THE GOVERNMENT BEFORE A TRAVELING PANEL CLOSEST TO
(See Item 10 of the instructions about counsel/representative.)

  
    
   
 

 

 

    

11. APPLICANT MUST SIGN IN ITEM 12.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 box below.

NEXT OF KIN LEGAL REPRESENTATIVE | | OTHER (Specify)

12. CERTIFICATION. | make the foregoing statements, as part of my claim, with full knowledge of the
penalties involved for walttully, making a false statep ent or claim. (U.S. Code, Title 18, Sections 287
pe fred tice tietitle or imprisoned not more than 5 years, or both.)

b: DATE SIGNED - REQUIRED.
(YYYYMMDD)

2004 0/
DUS EDITION IS OBSOLETE.

  
  
 
   
   

   
  

 

    
 
 
 
  
  
 
 
 

   
 
 

CASE NUMBER
(Do not write in this space.)

 
 
  
  
  
  
 

   

 

Fb2004 -C00 Fv

Page 1 of 4 Pages
FormFlow/Adobe Designer 7.0
DEPARTMENT OF THE AIR. sRCE
__... 20th FIGHTER WING (ACC)
SHAW AIR FORCE BASE, SOUTH GAROLINA

 

3.0 APR 2mgg

FROM: 20 AMXS/CC
SUBJECT: Notification Memorandum

1. J am 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 discharge will be characterized as Honorable or Under
Honorable Conditions (General). I am recommending that your service be characterized as

General.

2. My reason for this action is that at or near Shaw AFB South Carolina, between on or about 1
Mar 03 or about 24 Mar 03, you wrongfully used marijuana.

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. Mil

itary legal counsel has been obtained to assist you.
eee
895-9530, on ZO_ Apr 03, at FZ hours. Youmay c 1 counsel at your own expense.

  

I have made an appointment for you to consul

5. You have the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me within three days after receipt of the notification

memorandum, 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 behalf, your failyte will
constitute a waiver of your right to do so. [ Wy

yn
7. You are scheduled for your final out-processing medical examination on _/_ deoe3 at
} 522 hours. You will report to Primary Care, located in the Shaw AFB Hospital, at the time
prescribed. This appointment is mandatory. If you must reschedule, contact your unit First
Sergeant to reschedule the appointment for you. This examination must be carried out within
48 hours of the original appointment if the date must be rescheduled.

Global Power Far Ametica

nea Onn
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 the orderly room.

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

 

Attachments:

1. AF Form 3070, 15 Apr 03 (Tab 4)

2. LOC, 3 Apr 03 (Tab 4a)

3. MFR, 2 Apr 03 (Tab 4a)

4. MFR, 3 July 02 (Tab 4a)

5. LOR, 17 Jan 02, (Tab 4a)

6. LOR, 19 Nov 01(Tab 4a)

7. AF Form 3070, 9 Mar 01 (4a)

8. Respondent’s Receipt of Notification (Tab 5)
_wEPARTMENT OF THE AIR FUuRCE
20th FIGHTER WING (ACC)
SHAW AIR FORCE BASE, SOUTH CAROLINA

 

9 May 03

MEMORANDUM FOR CC

FROM: JA

SUBJECT: Legal Review of Proposed Discharge

1. sill = a SUFFICIENCY. I reviewed the administrative discharge case file
regarding e proposed discharge is supported by a preponderance of the
evidence. [here are no errors th stantial nght of the Respondent. The file is
legally sufficient contingent a his separation physical.

. BASIS FOR
reer that
5.54, for drug abuse. The basis for

1 Mar 03 and on or about 24 Mar 0

 

 
 
   
 
  
 
  
   
 

ee: AMXS/CC initiated discharge and

e discharged from the Air Force under AFI 36-3208, paragraph
fo discharge is that between on or about

used marijuana.

as been in the Air Force for three years and five

3. SERVICE HISTORY.
months. He has three enlist ance reports with overall ratings of 5,3, and 5.

4. RESPONDENT'S CASE I ob sxssions are included at Tab 7. He states that
he knows that he is entitled to ts in his behalf, however, he has waived his rights

to submit a personal statement.

 

   
  

5. DISCUSSION. During a random drug demand reductj tested

positive for marijuana. During a resulting OSI interview, tted to
using marijuana with other military members. Command end waivers in drug

abuse cases. jas not made such a recommendation in this case. In making this
determination, 36-3208, paragraph 6.60, a commander considers the totality of

the circumstances, of which the retention criteria of paragraph 5.55.2 are only a part.

a: these circumstances include the sensitive nature of the position and the trus
at has Deen fost.

6. CHARACTERIZATION OF SERVICE. A discharge characterized as Honorable, Under
Honorable Conditions der Other Than H: ions (UOTHC) can be
approved in this case. ecommended that service be characterized
as General. A Genera ropriate if an airman’s service has been honest and
faithful but significant negative aspects of the airman's conduct or performance outweigh
positive aspects of the airman’s military record. The criminal use of marijuana and associated

violation of trust constitute significant negative aspects that outweigh the positive aspects of

 
  
 

  
   
  

Global Power Fer America
addition, his previous serious miscondugias , underage
his government travel card, Tconcur wit hat a General

5!
discharge appropriately characterize

7. PROBATION AND REHABILITATION (P&R). Because the respondent’s reason for

being discharged is drug abuse, he is ineligible for P&R under AFI 36-3208, paragraph 7.2.6.

8. OPTIONS. As the Special Court-Martial Convening Authority in this case, you have the
following options:

a. Disapprove the discharge action and retain the Respondent;

b. Send the discharge package to the general court-martial convening authority with a
recommendation that he separate the Respondent with an Honorable discharge;

c. Approve the discharge action and separate the Respondent with a General discharge; or

d. Send the package back to the unit with a recommendation that the commander reinitiate the
package with a recommendation for an Under Other Than Honorable Conditions discharge.

9. RECOMMENDATION. For the reasons set forth above, I recommend the Respondent be
discharged from the United States Air Force for drug abuse under the provisions of AFI 36-3208,

paragraph 5.54, with a General discharge.

 

Attachment:
Case file