NAME OF COUNSEL AND OR ORGANlZATION

MEMBERS SITTJNG

ADDRESS AND OR ORGANIZATION OF COUNSEL

x x x x

A9.0l, A92.11, A92.21,
A9.37, A93.17

HEA1{1NG DATE
02-08-14
•·

INDEX NUMBER
A66.00

CASE NUMBER
FD2002-0l 19

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFlCATION
4	BRIEF OF PERSONNEL FILE
COUNSl·:I;S RELEASE TO THE BOARD
ADDITIONAL EXHlB!TS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

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 WEST, SUITE 40 RANDOLPH AFB, TX 7Sl50-4742

Q FORM 0-2077, JAN 00	(EF-V2)

SECRETARY OF nrn AlR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR; EE WING, 3RD FLOOR ANDREWS  AFB,  MD 20762-7002
Previous edition will be used.

..

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	. CASE NUMBER
F-D-2002-0119	

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

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:  Upgrade of discharge is denied.
The Board finds that neither the evidence of record or that provided by applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for misconduct, namely drug abuse, Ecstasy and psilocyn mushrooms. Pursuant to her guilty pleas, member was convicted at Special Court Martial and sentenced to reduction from Senior Airman to Airman Basic and 2 months confinement. In her signed sworn statement to the Air Force Office of Special Investigations (AFOSI) she admitted using the illegal mushrooms twice and Ecstasy once. At the time of the administrative discharge processing, member submitted a statement in her own behalf expressing her regret that her lapse in judgment had tarnished her otherwise stellar career, and requesting an honorable discharge in view of her otherwise exceptional duty performance. Because it was noted member had used illegal drugs on multiple occasions over a 7-month period, this rendered member ine1igible for retention because her use could no longer be viewed as "experimental" as required by the retention criteria. Furthermore, member did not request she be considered for retention at the time of the discharge, and had she, the burden would have been his to show she met the seven retention criteria. Applicant again notes she completed 4 years of successful service, cooperated with investigative authorities, and is now trying to finisher college degree. The Board noted that member had two Enlisted Performance Reports rated overall "5", was promoted below the zone to Senior Airman during her enlistment, and had many character references recommending clemency at the time of her court martial. However, 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. Ecstasy and illegal mushroom use are viewed as a very serious failure to meet Air Force standards, and negates member's otherwise exemplary performance.  The
Board noted that because drug abuse is not compatible with Air Force standards, the characterization of service member received..is 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.

Inview 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