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

MEMBERS SITTING

x

-	x
x
x x

ISSUES	INDEX NUMBER
A94.53,A92.37, A93.17	A66.00

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
J	LETI'ER OF NOTIFICATION

RING DATE
02-08-13

CASE NUMBER
FD2002-0083

4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMARKS
Case heard at Washington, D.C.

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

SAF/MIBR
550 C STREET	ST, SUITE 40
RANDOLPH AFB, TX 78150.4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ  FORM 0-2077,JAN  00	(EF-V2)	Previous edition will be used.

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

	

GENERAL:  The applicant appeals for a change in reason and authority for the discharge.

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

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

FINDINGS:  Change of reason and authority for the discharge are denied.

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.

Issues. Applicant was discharged for misconduct, namely drug abuse, and received an honorable characterization of service.  Member admitted to the Air Force Office of Special Investigations (AFOSI) in a signed sworn statement dated 3 December 1993 that she had illegally smoked marijuana on seven separate occasions from 1988 to September 1993. Her husband also gave a signed sworn statement confirming member's illegal drug use. Member received Letter of Reprimand with Unfavorable Information File entry for the marijuana use on 3 January 1994. Member had reenlisted on 5 October 1993, and because her misconduct occurred during her previous two enlistments, but was not known at the time of her last reenlistment, it could be used as a basis for discharge, but not to characterize her service. Although member had over 8 years active service and was entitled to an administrative board hearing when recommended for discharge, and was notified of this right, the record does not reflect whether member exercised this right or what the outcome was if she did. The legal review of the recommended discharge and the separation authority's letter directing execution of the discharge action are also missing from the record. The Board opined however that member's rights were not prejudiced in that the chain of command clearly knew she must be given an honorable discharge and that is what she received. At the time of the discharge, the Air Force's drug policy was well publicized and members were continually made aware that illegal drug use was not tolerated. Marijuana use by a non-commissioned officer is viewed as a very serious failure to meet Air Force standards, and negates a member's otherwise acceptable performance. The Board noted that because drug abuse is not compatible with Air Force standards, the reason and authority for the discharge applicant received were warranted.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

In view..atthe foregoing findings the board further concludes that there exists no legal or equitable basis for upgrade• discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief