AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

AB
X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

SITTING	HON	GEN	UOTHC	OTHER	DENY
x	
					x	
					x	
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MEMBER

ISSUES A94. 11 A94.39 A94.07 AOl.15 A94.55	INDEX NUMBER	A66.00	

4	APPLICATION FOR REVIEW OF DISCHARGE	
			LETTER OF NOTIFlCATION	
			BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL APPERANCE	
HEARING DATE

17 Dec 2003	CASE NUMBER

FD-2003-00341			

Case heard at 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.

SAF
550 C STREET	T, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVlEW 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

FD2003-00341	
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 nor that provided by applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issues. Applicant was discharged under other than honorable conditions for a pattern of misconduct and drug abuse. Member admitted to the Air Force Office of Special Investigations (AFOSI) in two signed sworn statements that he had illegally used "Ecstasy" at an off base party, as well as smoking marijuana and snorting what he believed to be cocaine. These incidents occurred over a 9-month period. Three witness statements corroborated applicant's illegal drug use. Member received an Article 15 for the marijuana use only, and cooperated with AFOSI in identifying other airmen using illegal drugs. Additionally, applicant had other misconduct consisting of missed appointments, failed dormitory room inspections, dress and appearance violations, failure to go, arriving to work intoxicated, speeding, an unauthorized guest in his dorm room, civilian arrest for drunk and disorderly, and providing alcohol to someone underage. For these infractions he had two Letters of Counseling, ten Letters of Reprimand, and another Article 15. The record also disclosed applicant was the subject of two separate alleged rape charges 18 months apart involving two different females. One incident occurred in applicant's on-base dormitory room, the other at his off-base residence. Both involved alcohol on the part of both the applicant and the victims, and in each case there was insufficient information to conclude that rape actually occurred, so no further action was taken. At the time of the discharge, member consulted counsel and unconditionally waived his right to an administrative discharge board or to submit statements in his own behalf. He now contends his discharge was unjust because he was an AFOSI informant when the misconduct occurred, and after threats from and a disagreement with AFOSI, he was unfairly scrutinized. That resulted in the documentation of other infractions. He fails,howeve:t; to address the marijuana use for which he was punished and his other illegal drug use. The records review clearly shows that applicant's illegal drug use preceded his cooperation with AFOSI, and that the information he provided them was given in an attempt to "bail" himself out of trouble after he realized AFOSI had something on him. The Board thus found no merit in applicant's issues. 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," cocaine, and marijuana use are viewed as a very serious failures to meet Air Force standards. Because drug abuse is not compatible with Air Force standards, the characterization of service applicant 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.

In view 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