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

 

TYPE GEN | PERSONAL APPEARANCE xX [ RECORD REVIEW

=| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

HON GEN UOTHC OTHER DENY

 

 

 

 

 

 

 

  

ISSUES Ag 4 39 INDEX NUMBER A66.00
A94.05

ORDER APPOINTING THE BOARD

 

APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION

BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

 

de | fo fe E

 

 

 

 

HEARING DATE CASE NUMBER

07 Feb 2011 FD-2009-00489

ro

 

 

 

      

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
+Reenlistment Code

iS

     

Pies neg RR Rare ENN eee eee YY. aR
TO: { FROM:
\ AF/MRBR SECRETARY OF THE Atk # ORCE PERSONNEL COUNCIL
ae AIR FORCE DISCHARGE REVIEW BOARD
3550 C STREET WEST, SUITE 40 . 1535 COMMAND DR, EE \W1\G, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762. “01

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00489

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

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, change of reason and authority for discharge,
and change of reenlistment code.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s reason and authority for discharge inequitable.

ISSUES:

Issue 1. 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 admitted to one-time use
but did not have prior use; applicant stated that he had been influenced by peer pressure. After review of the
record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in
his time in 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.

Issue 2. Applicant contends discharge was inequitable because it was. too harsh. The Board concluded that
the negative aspects of the applicant’s service outweighed the positive contributions he made in his brief 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
APPLICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL Form Approved
. FROM THE ARMED FORCES OF THE UNITED STATES OMB No. 0704-0004
{Please read instructions on Pages 3 and 4 BEFORE completing this application.) Expires Aug 31, 2006

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 22262-4302. 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 contro! 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; E.O. 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.

a. BRANCH OF SERVICE /X one} | ARMY | | MARINE CORPS | x | AIR FORCE COAST GUARD

pb. NAME (Last. First. Middle Initial) ce. GRADE/RANK AT DISCHARGE d. SOCIAL SECURITY NUMBER
Airman
2. DATE OF DISCHARGE OR SEPARATION | 4. DISCHARGE CHARACTERIZATION RECEIVED (X one) | 5. BOARD ACTION REQUESTED (X one}
(YVYYMMDD) (If date is more than 15 years HONORABLE 7 CHANGE TO HONORABLE

 

 

 

 

age, cubes DE Form 1431 % | GENERAL/UNDER HONORABLE CONDITIONS CHANGE TO GENERAL/UNDER

20000216 HONORABLE CONDITIONS
UNDER OTHER THAN HONORABLE CONDITIONS SHANGETOG UNCHARACTERDED

3. UNIT AND LOCATION AT DISCHARGE mm BAD CONDUCT (Special court-martial only) (Not applicable for Air Force}
- OR SEPARATION UNCHARACTERIZED CHANGE NARRATIVE REASON FOR
Security Forces Moody Air Force Base OTHER (Explain) \/ | SEPARATION TO:

Valdosta GA R
6. ISSUES: _WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in tem 14. See instructions on

Page 3.)
I was ‘With a group of Airman who committed the act and my base had a new commander that had a zero tolerance and so I was

guilty by association and told the truth when asked about the situation. | also took a drug test-at the time of my situation and the
results. came back that I was negative for drug use. In my short career in the United States Air Force iis was the caly pnicident Thad
and when I was faced with the situation I did show the core values and told the ‘truth. s asgiy 2» Bet

‘7. (X if applicable) AN APPLICATION WAS PREVIOUSLY SUBMITTED ON (YYYYMMDD) —

AND THIS FORM !S SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION, OR EVIDENCE.
8. IN SUPPORT OF THIS APPLICATION, THE FOLLOWING ATTACHED DOCUMENTS ARE SUBMITTED AS EVIDENCE: (Continue i in item 17.
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
SUBMITTED BY ME. t AND/OR {counsel/representative) WILL NOT APPEAR BEFORE THE BOARD.
EAND/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 any) NAME (Last, First, Middle Initiali} AND ADDRESS |b. TELEPHONE NUMBER {/nciude Area Code}
(See fter 10 of the instructions about counsel/representative.} ‘

c. E-MAIL

 

d. FAX NUMBER finciude 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. Sf the application is signed by other than the applicant, indicate
the name (print) and relationship by marking a box:below.

| {spouse [| wmow [| |wwower [| nextorxin [ [LEGAL REPRESENTATIVE/ _[:OTHER (Specify)
72.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE b. TELEPHONE NUMBER linciido Aron Code)
(Forward notification of any change in address.)

 

d. FAX NUMBER f/nclude Area Code}

13. CERTIFICATION. 1 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.)
and 1001, provide that an individual shall be fined under this title or imprisoned not more than 5 years, ,

or both.}

SIGNATURE - REQUIRED (Apolicant or person in Item # above} b. DATE, SIGNED - REQUIRED FH MA- b0 434

{YY YYMMDD}

CeO /Z OG

DD FORM 293, AUG 2003 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 4 Pages
14. CONTINUATION OF ITEM 6, ISSUES (/f applicable}
‘Yes I was wrong to have been in the situation but I think I showed what the military would like to see in its members and that is tell

the truth when faced with making a mistake.

I would like to request the change in my discharge and re-enlistment code so that I can try and pursue other professional careers
opportunities with in the military.

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS /(/f applicable)

16. REMARKS (/f applicable)

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

 

ARMY NAVY AND MARINE CORPS

Army Review Boards Agency
Support Division, St. Louis
9700 Page Avenue

~y
| Naval Council of Personnel Boards
|
St. Louis, MO 63132-5200 |
it
r
I
|
{

720 Kennon Street, S.E.
Room 309 (NDRB)

(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

NAME (Last, First, Ml): : DOCKET # COMPONENT:
FD-2009-00489 USAF

 

TYPE OF DISCHARGE: | DISCHARGE FROM: DISCHARGE DATE: APPEALS FOR: UPGRADE DISCHARGE,
GENERAL , MOODY AFB, GA 23 JUN 00 CHANGE REASON FOR DISCHARGE &R.E.
CODE
DOB/ ENLMT AGE: DISCH AGE: FORMER: | HGH: B. CURRENT DOR: C. TIME LOST:
19 SEP 77 21 22 AMN A1C 02 JUN 00 NONE

 

 

 

AFSC: 3P031 - SECURITY FORCES APPRENTICE DEP DT: ASVAB SCORES: A:
27 AUG 99

 

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

 

 

 

 

F. RECORD OF SERVICE (EPR/ OPR, PAST TO PRESENT) :
NONE
G. AWARDS & DECS: AFTR

 

 

EAD: 02 SEP 99 [ Das: 14 FEB 00 H. TMS: 0 YRS 9 MOS 28 DAS TAMS: 0 YRS 3 MOS 22 DAS

 

APPLN (DD FORM 293) DTD: DT/ INITIALS: NPA/PA: NPA BOARD REGION:
08 DEC 09 150CT10/JLL

 

 

 

RECORDS : MPR:YES ARMS: NO STR: YES ISSUES: YES ATTACHMENTS: NO
AUTH FOR DISCHARGE : AFI 36-3208, PARA 5.54 (MISCONDUCT: DRUG ABUSE)

 

 

 

 

 

ART 15; VAC; SCM; SPMC; GCM; ADDITIONAL:

ART 15: 07 JUN 00 - (ART 112A) USED MARIJUANA

 

EXAMINER’S NOTE:

 

©SAF/MRBR V10709
*

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.)

Form Approved
OMB No. 0704-0004
Expires Aug 31, 2006

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),
4215 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 controt 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; 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.

a. BRANCH OF SERVICE (x one) |__| ARMY |__| MARINE CORPS | NAVY | x [Air Force
b. NAME (Last, First, Middle Initial) c. GRADE/RANK AT DISCHARGE

Airman

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

 

| [coast cuarp

d. SOCIAL SECURITY NUMBER

 

 

 

ago, submit a DD Form 149)

GENERAL/UNDER HONORABLE CONDITIONS

 

20000216

UNDER OTHER THAN HONORABLE CONDITIONS

CHANGE TO GENERAL/UNDER
HONORABLE CONDITIONS

 

 

3. UNIT AND LOCATION AT DISCHARGE

BAD CONDUCT (Special court-martial only)

CHANGE TO UNCHARACTERIZED
(Not applicable for Air Force)

OR SEPARATION UNCHARACTERIZED CHANGE NARRATIVE REASON FOR
Security Forces Moody Air Force Base OTHER (Explain) SEPARATION TO:

Valdosta GA. . E 2

6. ISSUES: WHY AN UPGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION FOR THE REQUEST (Continue in tem 14, See instructions on
Page 3.) ‘ .
] was with a group of Airman who committed the act and my base had a new commander that had a zero tolerance and so I was

guilty by association and told the truth when asked about the situation. J also took a drug test.at the time of my situation and the
results. came back that I was negative for drug use. In my short career-in the United States Air Force this was the only incident I had
and when I was faced with the situation I did show the core values and told the ‘truth. :
sence —————~
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 17.

if military documents or medical records are relevant to your case, please send copies. }

 

 

9. TYPE OF REVIEW REQUESTED (X one)

dese | CONDUCT A RECORD REVIEW OF MY DISCHARGE BASED ON MY MILITARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION
ae 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 (if any) NAME ‘Last, First, Middle initial} AND ADDRESS | b. TELEPHONE NUMBER {include Area Code)
(See Item 10 of the instructions about counsel/representative.)

 

 

 

ec, E-MAIL

 

d. FAX NUMBER {include Area Code)

11. APPLICANT MUST SIGN IN ITEM 13.a. BELOW. Hf the record in question is that of a ddceased 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.

SPOUSE | winow [wipower [| NEXT OF KIN { LEGAL REPRESENTATIVE | HER (Specify)

 

 

 

 

 

 

12.a. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE ‘T® TELEPHONE NUMBER (inchide Area Code)
{Forward notification of any change in address. !

e. E-MAIL

 

d. FAX NUMBER f{/nclude Area Code)

 

CASE NUMBER
(Do not write in this space.)

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
and 1001, provide that an individual shall b: ined under this title or imprisoned not more than 5 years,
or both.}

 

b. DATE SIGNED - REQUIRED
{YYYYMMDD}

LI /Z OG

PREVIOUS EDITIONS ARE OBSOLETE.

a SIGNATURE - REQUIRED (Annlicant or nerson in [2m Wi above)

FD Ant 00434

 

DD FORM 293, AUG 2003

Page 1 of 4 Pages
14. CONTINUATION OF ITEM 6, ISSUES (/f applicable)
Yes I was wrong to have been in the situation but I think I showed what the military would like to see in its members and that is tell

the truth when faced with making a mistake.

I would like to request the change in my discharge and re-enlistment code so that I can try and pursue other professional careers
opportunities with in the military.

15. CONTINUATION OF ITEM 8, SUPPORTING DOCUMENTS (/f applicable)

16. REMARKS (/f applicable}

 

MAIL COMPLETED APPLICATIONS TO APPROPRIATE ADDRESS BELOW.

ARMY / NAVY AND MARINE CORPS

Army Review Boards Agency
Support Division, St. | ouis
9700 Page Avenue

Naval Council of Personnel Boards
720 Kennon Street, S.E.

 

St. Louis, MO 63132-5200 Room 309 (NDRB)

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

Air Force Review Boaid:, Agency U.S. Coast Guard

SAF/MRBR Commandant (G-WPM)

550-C Street West, Sure 40 2100 Second Street, $.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

HEADQUARTERS 347TH WING (ACC)
MOODY AIR FORCE BASE, GEORGIA

 

7 June 2000

MEMORANDUM FOR AMN 347 SFS
FROM: 347 SFS/CC

SUBJECT: Notification Memorandum - Discharge of Airman

1. lam recommending your discharge from the United States Air Force for drug abuse. The
authority for this action is AFI 36-3208, paragraph 5.54. If my recommendation for discharge is
approved, your service will be characterized as honorable or under honorable conditions (general).
lam recommending that your service be characterized as under honorable conditions (general).

2. My reason for this action is as follows:

You, did, at or near Valdosta, Georgia on or about 18 March 2000, wrongfully use marijuana.
For this offense, you received nonjudicial punishment pursuant to Article 15, UCMJ, dated 2 June
2000. Your punishment included reduction to the grade of airman, restriction to Moody Air Force
Base, Georgia for 14 days and 14 days extra duty (Atch 1).

Copies of the documents to be forwarded to the separation authority in support of this _
recommendation are attached. The commander exercising Special Court-Martial (SPCM)
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
may be ineligible for reenlistment in the Air Force.

oO

3. 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 with the Area Defense Counsel in Bldg 5107,
extension 3421, on_7 Jun 00 at 1400. Please take your copy of this Notification Memorandum and

the attachments with you to your appointment. You may consult civilian counsel at your own
expense.

4. Youhave the right to submit statements in your own behalf. Any statements you want the
separation authority to consider must reach me within three duty days after receipt of this
notification letter. unless you request and receive an extension for good cause shown. If your
appointment with defense counsel is beyond three duty days after receipt of this letter, you
should contact the Area Defense Counsel office at extension 7-3421 to obtain a delay request.
] will send any statement(s) you submit to the separation authority.

 

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

OP PP .
C4lo sal Power for America
6. You have been scheduled for a medical examination. You must report to the Moody Air Force
Base Hospital, Physical Exams Section, Bldg 3296, on 8 Jun 00 at 1300 for the examination. This

is a mandatory appointment. Be sure to bring your medical records to this appointment.

7. Any personal information you furnish in rebuttal is covered by the Privacy Act Statement. A
copy of AFI 36-3208, is available for your use in the orderly room.

8. Execute the attached acknowledgment and return it to me immediately (Atch 2).

-,--dau.0N

Attachments:

1. Supporting Documents, Reasons for Discharge
AF Form 3070, 2 Jun 00 (w/atch)

2. Receipt of Notification Memorandum
DEPARTMENT OF THE AIR FORCE

HEADQUARTERS 347TH SUPPORT GROUP (ACC)
MOODY AIR FORCE BASE, GEORGIA

 

14 June 2000
MEMORANDUM FOR 347 WG/CC
FROM: 347 WG/JA

SUBJECT: Legal Review of AFI 36- 3208 Discharge Action: Amn
347" Security Forces Squadron (347 SFS)

1. [have reviewed the subiect discharge action and find it legally sufficient.

Captain 347 SFS/CC, recommends that the Respondent, Amn

be involuntarily separated trom the Air Force under honorable conditions (general) in
accordance with AFI 36-3208, paragraph 5.54, for drug abuse. I concur. Probation and
rehabilitation (P&R) is not an option when the reason for discharge is drug abuse.

2. In rev"e-ving this action, I find that there is a legally sufficient basis to separate

Amn from the Air Force with an under honorable conditions (general) discharge
without P&R.

a. Basis for discharge: AFI 36-3208, paragraph 5.54, states that drug abuse is
incompatible with military service and airmen who abuse drugs, one or more times, are
subject to discharge for misconduct. In this case, there is sufficient evidence that
Amn Koch has abused drugs. Specifically, he wrongfully used marijuana on or about
18 Mar 00. Asaresult, Amn ~ ~ received nonjudicial punishment under Article 15,
UCMJ, for a violation of Article 112a, UCMJ. Under section 5. 55, airmen must be
discharged unless they meet all seven of the following retention criteria:

(1) Drug abuse is a departure from the member's usual and customary behavior;
(2) Drug abuse occurred as the result of drug experimentation (a drug
experimenter is one who has illegally or improperly used a drug for reasons of curiosity,

peer pressure, or other similar reasons);

(3) Drug abuse does not involve recurring incidents, other than drug
experimentation as defined above;

(4) The member does not desire or intend to engage in drug abuse in the future;

(5) Drug abuse under all the circumstances is not likely to recur;

Hobal Power for America
(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 discipline, good order, leadership, and morale; and

(7) Drug abuse did not involve drug distribution.

In a memorandum dated 9 June 00, Amn requested a waiver of discharge
based on the seven requirements for retention, and his military attorney, Capt
submitted supporting memorandum. He also submitted statements from his father, uncle,
SSet and A1C Amn argument, however, fails to
satisfy the sixth requirement because he did not demonstrate that his continued presence
in the Air Force is consistent with maintaining proper discipline, good order, leadership,
and morale. The members of the SFS are charged with the duty of investigating, and
ultimately preventing, violations of the Uniform Code of Military Justice. Amn
breached this duty when he used an illegal drug. Because of his position as a SFS
member, his commander believes that retention would have a negative effect on
discipline, order and morale. Moreover, the statements from his father and uncle are not
persuasive because these individuals have no personal knowledge of the effect that
retention will have on discipline, order, and morale of the squadron. Likewise, the

statements from SSgt and A1C do not directly address this point, and A1C
has only known Amn for slightly more than two months.
b. Should Amn ___ ___ de discharged? Because the presence in the military

 

environment of persons who engage in drug abuse seriously impairs accomplishing the
military mission, airmen found to have abused drugs must be discharged unless they meet
all seven of the retention criteria listed above. In accordance with AFI 36-3208,
paragraph 5.55.2.2, the burden of proving that retention is warranted rests with the
airman. Accordingly, Amn should be discharged from the Air Force.

c. Service characterization: This notification discharge can be characterized as
honorable or under honorable conditions (general).

(1.) Honorable: AFI 36-3208, paragraph 1.18.1, states that an honorable
discharge should be given when the airman’s service has met Air Force standards of
acceptable conduct and the member’s service is so meritorious that any other
characterization would be inappropriate. As Amn record indicates, this is
certainly not the case, and he should therefore not receive an honorable discharge. In
addition, a member who is discharged under paragraph 5.54 (drug abuse) can only
receive an honorable discharge if the General Court-Martial Convening authority
approves such a characterization.

(2.) General: Paragraph 1.18.2 states that characterization of an airman’s
service as under honorable conditions (general) is warranted when significant negative
aspects of the airman’s conduct or performance of duty outweigh the positive aspects of
his military record. Amn military record indicates that he has been in the Air
Force for less than one year, and does not contain any information that would suggest