NAME OF   ERVICE MEM BER (LAST, flRST M IDDLE INITIAL)

.GRA.DE

AIR FORCE DISCHARG E REVIEW BOARD HEARI NG RECORD
1

X  PERSONAL APPEARANCE

RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSIU.

VETERA NS OF FOREIGN WARS

x

x

A94.05/06

INDEX NUMBER
A66.00

HEARING DATE
12 Decem ber 2002

CASE NUMIJER
FD2002-0167

3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITIED AT TlME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

s
Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

SAF/MIBR
550 C STREET WEST, SUITE 40 RAN DOLPH 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

FD2002-0167	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, a change of reason for discharge, and a change of reenlistment eligibility (RE) code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews and on 12 December 2002.  The following witness also testified on the applicant's behalf: Mr.
1
1   .........,the applicant's  father.

The following additional exhibits were submitted at the hearing:

Exhibit 5:  Six character letters, one letter from Police Dept., Meriden, Conn., and a Real Estate Certificate from Middlesex Community-Technical  College.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS: Upgrade of discharge, change of reason for discharge, and change of RE code are denied.
The DRB finds no evidence of record or that provided by the applicant in verbal testimony that substantiates an inequity or impropriety, which would justify a change of discharge.

ISSUES:  The applicant feels that his punishment was too harsh and reflected an inaccuracy in that "Drug Abuse" is listed as the reason for his discharge from military service.  He denies ever using drugs, which he says is supported by at least 6 negative urine drugs screens before the incident, one negative urine drug screen after the incident, and one negative urine screen from his employer since his separation. The applicant admits making the phone call to an exgirlfriend for the purpose of arranging for a friend to purchase illegal drugs, by driving the friend to make the transaction, while he observed from a distance.
While the member's DD Form 214 lists Misconduct as the reason for his General Discharge, a letter oflegal review and notification from the 341 Space Wing/JA to the 341 Space Wing/CC specifically states under "Evidence For The Government" the following statement: On I 0 January 00, Respondent wrongfully used marijuana. A final " Recommendation" is made to Discharge AB Fox IAW AFI 36-3208, paragraph 5.54,  for drug abuse with a general discharge without probation and rehabilitation. Under current law, a person who participates in or arranges the purchase or use of an illegal drug by another person via a prearranged agreement to do so is also guilty of said purchase/use of the illegal drug. In the current wording of the law governing charges for Misconduct or Unfitness for a drug-related offense, the term "Illegal use of drugs" is
utilized to describe the violation (after 1 July 1983), even though the illegal drug may not have been actually introduced into the body. Prior to I October 1982, the offense was worded more inclusively as, "Drug use, sale or possession" .  The member desires a change in the description of his offense.

CONCLUSIONS:   The Discharge Review Board finds 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 of the foregoing findings the board further concludes that there exists no legal or equitable basis for change of reason for discharge and change of RE code, thus the applicant's discharge should not be changed. The Board encourages the applicant to seek further remedy via BCMR to more clearly record his Misconduct as a conspirator in the purchase/sale/use  of an illegal drug, but not as a "user or abuser" of  illegal drugs.

Attachment: Examiner's Brief