AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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

CASE NUMBER 
FD-01-00007 

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

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

FINDINGS:  Upgrade of discharge is denied. 

The Board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or 
impropriety which would justify a change of discharge. 

The applicant's issues are listed in the attached brief. 

Issue  1.  Applicant contends discharge was  inequitable because it was too harsh.  The records indicated the 
applicant received an Article 15 for wrongfully using Psilocybe mushrooms.  The DRB carefully reviewed the 
mitigating circumstances the applicant described in her statement.  If she can provide additional documented 
information to  substantiate an  issue,  the  applicant  should  consider exercising her  right to  make  a  personal 
appearance before the Board.  If she should choose to exercise her right to a personal appearance hearing, the 
applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post- 
service accomplishments as well as any contributions to the community.  The Board concluded the misconduct 
was  a  significant  departure  fiom  conduct  expected  of  all  military  members.  The  characterization  of  the 
discharge received by the applicant was found to be appropriate. 

Issue 2.  Applicant provided information for the Board to take into account the good things she did while in the 
service.  The  DRB  took  note  of  the  applicant's  duty  performance  as  documented  by  her  letters  of 
recommendation and  other  information contained in the records.  They  found the  seriousness of the  willful 
misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge 
was appropriate for the reasons which were the basis for this case. 

Issue 3.  The applicant cited her desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB 
noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on July 20, 
1998) that she understood she must receive an Honorable discharge to receive future educational entitlements. 
The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a 
matter of inequity or impropriety which would warrant an upgrade. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural  and  substantive  requirements  of  the  discharge  regulation  and  w8s  within  the  discretion  of  the 
discharge authority andfhat the applicant was provided full administrative due process. 

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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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD-01-00007 

( Former AMN)  MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec’d a GEN Disch fr USAF 00/05/25 UP AFI 36-3208, 
para 5.54  (Drug Abuse).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 77/11/30.  Enlmt Age: 20 5/12.  Disch Age: 22 5/12. Educ:HS DIPL. 

AFQT: N/A.  A-46,  E-62,  G-53,  M-50. PAFSC: 2T131 -  Vehicle Operations 
Apprentice. DAS: 98/10/30. 

b.  Prior Sv: AFRes 98/05/14 -  98/07/07  (1 month 24 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as A1C 98/07/08 for 4 yrs.  Svd: 1 Yrs 10 Mo 18 Das, all AMs. 

b.  Grade Status:  AMN  -  00/01/27 (Article 15, 00/01/27) 
c.  Time Lost:  none. 

d.  Art 15‘s:  (1) 00/01/27, Ramstein AB, Germany -  Article  112a.  You did, 
between o/a 1 Oct 99 and o/a 31 Oct 99, wrongfully use 
Psilocybe mushrooms, a Schedule I controlled substance. 
Rdn to Amn, and a reprimand.  ( N o   appeal) 
(No mitigation) 

e.  Additional: none. 

f.  CM:  none. 

g.  Record of SV: none. 

(Discharged from Patrick AFB) 

h.  Awards &  Decs:  AFTR, AFOUA. 
i.  Stmt of Sv:  TMS:  (2) Yrs  ( 0 )  Mos  (12) Das 
TAMS:  (1) Yrs  (10) Mos  (18) Das 

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4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 00/10/19. 

(Change Discharge to Honorable) 

Issue 1:  I have attached my statement concerning the issues surrounding my 

discharge from the Air Force.  (Document #  1)  However, after you have read my 
account of what occurred surrounding my getting out of the military, please 
consider my complete military service.  I was proud to be in the Air Force and I 

served with distinction and honor for my country.  I would have never willing 
put that in jeporady (sic).  Due to the loss of my GI Bill, I now do not have 
the benefits that I  joined the military for.  I believe that the months of 
service with no other problems should account for a consideration of upgrade to 
Honorable. 

mol-00007 

ATCH 
1. Applicant's  Issues. 
2. Character Reference. 
3. Four Letters of Appreciation. 
4. Two Certificates of Appreciation. 
5. DD Form 214. 

01/01/03/ia 

Do cumen t  B 1 

Issues: 

October 14,2000 

The issue with me begins when I was at my boyfriend’s house, -, 
when OS1 agents came to take him to 
base for questioning.  I asked him why they wanted him and he told me not to worry about it, he’d be back.  When 
he returned, he said don’t worry about it, it doesn’t concern you.  So I figured he had done something wrong or 
knew of something I had no knowledge 

so were two friends 
r was also questi 
was going on.  At wo 
was using steroids and maybe 
about what was going on was that 
But I didn’t know this for a fact.  As time went on I found out t h a t e d  -ere 
illegal mushrooms, allegedly bought in Amsterdam.  The exact details about the situation I wasn’t sure of.  They 
were warned not to discuss anything or they would go to the Mannheim prison. 
After a few weeks I was called at work to go to the OS1 office to answer some questions.  So my  Supervisor walked 
.me over and he told me that if they make me feel uncomfortable or accuse me of anything, ask for a lawyer and 
don’t say another word.  I went in a little room and when the agents came in they read me my rights.  The first 
thing they said after that was, “your name has been brought up for using ‘shrooms”. I asked for a lawyer.  They 
asked for permission to get a drug test and search my dorm room and car.  I granted permission and I took the test 
and they searched my room.  I was clean and dropped off the list of individuals involved. 

in trouble for the use of 

r 

I- 

The day after talking with OSI, I went to obtain I lawyer.  I was told I would have to be put on a waiting list and 
wouldn’t get a lawyer on base.  When I did get a lawyer he was at Mildenhall AB, England.  Apparen 
WaS 
involved Gith many others with Werent kinds of drugs and no one could share a lawyer.  When I first talked with 
my lawyer, Captain-I 
know what’s going on  and I don’t know what to do.  He said to call him back when my Commander issues me an 
Article 15 and he’d take it from there. 

was scared and had no real idea what was exactly going on.  So I told him I don’t 

Life, for the most part, returned to normal.  I learned more about what was going on and just how much trouble 
rman dealers and I think, selling them on 

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and brought up the idea of the bon fire. 

I went out to this park to make a bon fire 

red wood for the fire. When we returned 
brought some 

the snacks, 

kind of diet to build muscle, so it didn’t seem 
odd to me.  He had a carton of mushrooms that looked like normal mushmoms to me and were packaged just like 
those in the commissary.  Nobody made a big deal over them so nothing seemed out of the ordinary. The fact they 
might be illegal drugs didn’t even cross my mind. 

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When I learned of the whole story and what exactly I was being charged with, I realized I had eaten some of the 
mushrooms.  I had convinced myself I had unintentionally broken the law and even though I would have never 
done anything illegal on purpose, I would have to take responsibility for what I had done.  So when I was faced 
with the Article 15, I told my lawyer I had eaten the mushrooms.  I didn’t tell him anything else.  I didn’t feel 
comfortable talking on the phone.  He told me to except the punishment.  So I did except the Article 15 without 
any response or rebuttal, which took all my Supervisors by a complete surprise.  They thought 1 was innocent even 
though I never discussed any of this with them. 

After excepting the Article 15 and we received our punishments 
wait around before our discharge incase we can be any help agai 
information about the rest of his dealings 
we had weren’t even illegal mushrooms. 
telling the rest of us.  We weren’t allowed to openly discuss any of this with each other. 

nd I learned we would have to 
But none of us had any 
lawyer that the mushrooms 

apparently, knew this the whole time, but was restrained from 

- _  

I called my lawyer and asked him if the fact that were not illegal mushrooms would be able to help even though I 
had already signed the Article 15.  He said not really because I would have to prove I knew they weren’t illegal 
mushrooms the entire time.  I realized I couldn’t prove that, because all I had was my word, and I felt that wasn’t 
worth much anymore.  Besides, this whole ordeal left me emotionally and physically worn.  I just felt I had no 
strength left to fight any more. 
With all of this over, I feel like I was just steam rolled.  And when the smoke clears, I was discharged for nothing 
but being ignorant to how to defend myself.  Like my Captain said,” if you’ve never been in trouble, how do you 
know what questions to ask and what to say?”.  I have never even been in the principals office in school,  I had no 
experience in this type situation. 

Please take this into consideration.  And I thank you for your time. 

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DEPARTMENT OF THE AIR  FORCE 

86M AIRLIFT WING (USAFE) 

MEMORANDUM FOR 86 AWICC 

FROM:  86 AWIJA 

0 9  MAY  2@(l 

SUBJECT:  Legal Review of Discharge - Amn 

-, 

86 TRANS 

1.  I have reviewed 
on 5 May 00, Lt Co 
discharge. 

e discharge action against Amn 
86 TRANS/CC, and it is legal1 

initiated 
rt 

2.  BASIS FOR THE ACTION:  Administrative discharge action was initiated pursuant to 
AFI 36-3208, paragraph 5.54,  based on the respondent's drug abuse.  The worse characterization 
under paragraph 5.54 is under other than honorable conditions (UOTHC).  Amn 
discharge is based on her wrongful use of Psilocybe mushrooms, a Schedule I controlled 
substance, at or near the Kaiserslautern Military Community, Germany, between on or about 
1 October 1999 and on or about 3 1 October 1999.  For this action, she received nonjudicial 
punishment on 27 Jan 00.  Punishment imposed consisted of reduction to the grade of airman with 
a new date of rank of  27 Jan 00 and a reprimand.  This Article 15 was filed in her Unfavorable 
Information File. 

3.  MATTERS SUBMITTED BY THE RESPONDENT:  Respondent conferred with the Area 
Defense Counsel on 5 May 00 and waived her right to submit statements in her behalf. 

4.  DISCUSSION: 

a.  The respondent's commander has recommended that the respondent be separated from the 

United States Air Force with a general discharge under AFI 36-3208, paragraph 5.54,  for drug 
abuse.  Her actions fit the definition of drug abuse of paragraph 5.54. 

b.  According to AFI 36-3208, paragraph 5.55.2.1, a member found to have abused drugs will 

be discharged unless the member meets all seven of the following criteria: 

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(1)  Drugabuse 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 

defined as 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 to engage in or intend to engage in drug abuse in the 

future; 

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

(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. 

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c.  The burden of proving that retention is warranted under the above seven circumstances is on 

the member.  The respondent waived her right to submit statements and has made no attempt to 
prove retention is warranted. There is no evidence that she does not desire to engage in or intend to 
engage in drug abuse in the future, nor that drug abuse will not recur.  Additionally, the 
respondent’s continued presence in the Air Force is not consistent with the interest of the Air 
Force in maintaining proper discipline, good order, leadership, and morale because drug abuse is 
incompatible with military service.  As such, I do not believe the member meets all seven of the 
criteria. 

5.  OTHER MATTERS:  Before the respondent can be discharged, she must be found medically 
qualified for worldwide duty in accordance with AFI 36-3208, paragraph 6.3.  Amn 
had 
her medical appointment on 8 May 00 and processing should not be delayed to wait for the 
medical report.  You may authorize the discharge, but it will not be executed until the medical 
report is complete. 

6. CHARACTERIZATION OF SERVICE: 

a.  Characterization of service should be based on the quality of the member‘s service in the current 

enlistment.  The respondent has over one year and ten months of military service.  Her current 
enlistment began on 8 Jul98 for a term of 4 years.  The respondent has received no EPRs. 

b.  The service of an airman discharged for drug abuse may be characterized as honorable, general, 

or UOTHC.  Since the respondent was not offered a board hearing when she was notified of the 
discharge action, a UOTHC is not authorized.  Therefore, a general discharge is the worst 
characterization that she may receive under AFI 36-3208, paragraph 5.54. 

c.  A general characterization is warranted when an airman’s service has been honest and faithful, 

but significant negative aspects of the airman’s conduct or performance of duty outweigh positive 
aspects of the a h a n ’ s  military record. 

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d.  In this case, the instance of drug abuse cited as the basis for this discharge action constitute 
significant negative aspects of the respondent’s service.  However, the nature of the respondent’s 
actions is not such that a board of officers would likely recommend an UOTHC discharge.  The 
commander took the respondent’s statements into consideration and decided to continue with the 
discharge.  The respondent’s commander recommends a general discharge.  I agree. 

2 

7.  PROBATION AND REHABILITATION: Under AFI 36-3208, paragraph 7.2.6, airmen are not 
eligible for probation and rehabilitation if the reason for discharge is drug abuse. 

8.  ACTIONS WHICH MAY BE TAKEN:  As the Special Court-Martial Convening Authority, 
you have the following options: 

a.  If you find the respondent meets the seven criteria for a waiver, forward the case file to 

3 AFKC recommending approval of the waiver; 

b.  Forward the case file to 3 AFKC, recommending that the respondent be separated from the 

United States Air Force (USAF) with an honorable discharge; 

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c.  Direct that the respondent be separated from the USAF with a general discharge; 

d.  Return the case file to the unit for processing as an administrative discharge board case; this 

would permit a UOTHC service characterization; or, 

e.  Find that there is not credible evidence of drug abuse and terminate this discharge action. 

9.  RECOMMENDATION:  Direct that the respondent be separated from the USAF with a general 
discharge by signing Attachment 1. 

a 

Attachments: 
1. Proposed Memo for 86 AW/CC 
2.  Discharge Package 
3.  Respondent's Documentation: 

a.  Legal Counsel Memorandum, 8 May 00 
b.  Receipt of Notification Memorandum, 5 May 00 

3 

DEPARTMENT OF THE  AIR  FORCE 

86M AIRLIFT WING (USAFE) 

MEMORANDUM FOR AMN 

FROM:  86 TRANSKC 

-. 

SUBJECT:  Notification Memorandum 

, 8 6  TRANS 

1.  I am recommending your discharge from the United States Air Force for Drug Abuse.  The 
authority for this action is AFPD 36-32 and AFI 36-3208, Section H, paragraph 5.54.  If my 
recommendation is approved, your service will be characterized as either honorable or general.  I 
am recommending that your service be characterized as general. 

2.  My reasons for the action are that you did, at or near the Kaiserslautern Military Community, 
Germany, between on or about 1 Oct 99 and on or about 3 1 Oct 99, wrongfully use Psilocybe 
mushrooms, a Schedule I controlled substance.  For these actions, you received nonjudicial 
punishment on 27 Jan 00 (Atch 1).  Punishment imposed was reduction to the grade of airman 
with a new date of rank 27 Jan 00 and a reprimand.  This Article 15 was filed in your 
Unfavorable Information File (UIF) on 2 Feb 00. 

3.  Copies of the documents to be forwarded to the separation authority in support of the 
recommendation are attached.  The commander exercising special court martial jurisdiction, or a 
higher authority, will decide whether you will be discharged or retained in the USAF.  If you are 
discharged, you will be ineligible for reenlistment in the USAF, and any special pay, bonus, or 
education assistance funds you have received may be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has bee 
I have made an appointment for you to telep 
Area Defense Counsel, RAF Lakenheatb, 
consult civilian counsel at your own expense. 

5.  You have the right to submit statements on your behalf.  Any statements you want the 
separation authority to consider must reach me NLT 
request and receive an extension for good cause 
authority. 

at  o Y -;D  hours unless you 
them to the separation 
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6.  If you fail to consult counsel or submit statements in your behalf, your failure will constitute a 
waiver of your right to do so. 

7.  You must report in uniform with your medical records and an escort to the Ramstein Air Base 
Clinic, Physical Exams, Building 21 82 on 8 May 00 at 0700 for the evaluation.  If you wear 
glasses, you must bring them with you.  If you wear contacts, you must be able to remove them. 

8.  Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use 

Commander 

Attachments: 
1.  Supporting Documents:  AF Form 3070, Record of Nonjudicial Punishment Proceedings, 
27 Jan 00, with UIF Action 
2.  Airman’s Receipt of Notification Memorandum 

I