AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2002-0002 

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 justi@ a change of discharge. 

Issues.  Applicant was discharged for misconduct, namely drug abuse.  Member admitted to the Air Force 
Oflice  of  Special  Investigations (AFOSI) in  a  signed  sworn  statement  that  he  had  illegally  ingested 
“Ecstasy” at a civilian nightclub while with another military member.  The record shows that at the time of 
the discharge member requested a waiver of discharge allowing him to be retained.  He argued his illegal 
“Ecstasy” use  was  a  one-time lapse of judgment  and  his  otherwise outstanding  performance  warranted 
retention- He submitted numerous character statements recommending retention and attesting to his stellar 
performance and  very  active community involvement.  His commander then  initiated a retention waiver 
request; this was subsequently withdrawn when it was noted member had used marijuana at least six times 
before enlistment, as noted on his enlistment paperwork.  This revelation rendered member ineligible for 
retention because his multiple incidents of illegal drug use,  both during and before military service, could 
no longer be viewed  as “experimental” as required by  the retention criteria.  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” use is viewed as a very serious failure to meet  Air Force standards, and 
negates member’s  otherwise acceptable performance.  The Board  noted  that  because drug  abuse  is  not 
compatible with Air Force standards, the characterization of service he received is warranted. 
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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 t--  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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

FD2002-0002 

(Former AMN)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr USAF 01/05/08 UP AFI 36-3208, 
para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 81/08/01.  Enlmt Age: 18 1/12.  Disch Age: 19 9/12. Educ:HS DIPL. 

AFQT: N/A.  A-70,  E-41,  G-41,  M-40. PAFSC: 3C131 - Radio Communications 
Apprentice. DAS: 00/01/02. 

b.  Prior Sv: 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 99/09/08 for 4 yrs. Svd: 01 Yrs 08 Mo 01 Das, all AMs. 
b.  Grade Status:  AMN -  00/03/08. 
c.  Time Lost:  none. 

d.  Art 15's: 
e.  Additional: none 

(1) none. 

f.  CM:  none. 
g.  Record of SV: none. 

(Discharged from MacDill AFB) 

h.  Awards &  Decs:  AFTR, AFOUA. 

i.  Stmt of Sv:  TMS: (01) Yrs  (08) Mos  (01) Das 
TAMS: (01) Yrs  (08) Mos  (01) Das 

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4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 01/06/02. 

(Change Discharge to Honorable) 
Issue 1:  I feel my  discharge should be upgraded to an I1Honorable1l because I 
I experimented with Marjuana 

was not allowed to be retained on a waiver because 
before I entered the Air Force.  I do not see that as a revelant reason to not 
give me a second chance. 
that I had a good military background. 
service and I do not want this "Generalr1 discharge on my  record. 
was a good Airman in my time of service. 

I feel that I should receive an upgrade do to the fact 

I put in 2 years of my life to the 

I was discharged on drug use.  I was 

I feel as if I 

PD2002-0002 
peered pressured but I openly admitted to it when asked because I had integrity. 
I got many letters of characterization from the top ranked officers and NCO's 
stating I should be retained.  The package that I submitted was denied because 
of my experamentation with marijuana 5 years again before I came in, two years 
before I came in.  I feel that is rediculous to judge me based on my past.  I 
deserve an honorable discharge and I hope that you agree with me based on the 
facts of my case.  Thank you. 

ATCH 
1. Two Letters of Appreciation. 

02/04/24/ia 

MILITARY JUSTICE 

PAGE  a3 

.> 

DEPARTMENT OF THE AIZFORCE 

6TH AIR  MOBILITY WING  (AMC1 

MACDILL AIR  FORCE BASE,  FLORIDA 

MEMORANDUM FOR 6 AMW/CC 

FROM: 6 AMWJA 

1.  INTRODUCTION:  Lieutenant CoIo 

an addendum to the notification and withdrew the waiver 
request.  This case has 
ed by the notification procedure described in AFI 36-3208, 
Chapter 6, Section B. No errors or irregularities affecting any substantial right of the respondent 
have been noted in the case file. 

2.  PERSONA&DATA: Airman 
months.  He was assigned to his pres 
an EPR.  The highest rank held by 
wear the Air Force Training Ribbon. 

ars old and has been on 
n on 02 Jan 00. Airman 

Airman (E-2). 

3.  LEGAL SUFFICIENCY:  The evidence of record is legally sufficient to support the 
administrative discharge of Ainnan 
paragraph 5.54, for drug abuse. 

msuant to AFI 36-3208, Chapter 5, Section H, 

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a.  CRITERIA.  Paragraph 5.54 provides that drug abuse is incompatible with military 
service, and airmen who abuse drugs one or more times are subject $0 discharge for misconduct. 
Drug abuse for purposes of the regulation is the illegal, wrongful, or improper use, possession, 
sale, transfer, or introduction onto a military installation of any drug.  A member farmiho have 
abused drugs will be discharged unless the member meets all seven of the following criteria; 

t 

i.  Drug abuse is a departure from the member's usual and customary behavior. 
ii.  Drug abuse occurred as a result of the 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). 

experimentation as defined above. 

iii. Drug abuse does not involve recurring incidents, other than drug 
iv. The member does not desire to engage in or intend to engage in drug abuse in 

the fbture. 

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04/18/2882 

15: 06 

9682046 

MILITARY JUSTICE 

PAGE  04 

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v.  Drug abuse under all circumstances is not likely to recur. 
vi.  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. 

vii.  Drug abuse did not involve drug distribution. 

b. 

EVIDENCEAinnan 
he illegally ingested rnethylenediox 
Ybor City between 01 Mar 00 and 01 Oct 00. In addition, review of h a n  
paperwork reveals that he admitted to using marijuana prior to entering active duty six times 
between 12 June 1996 and April 1999. 

tted to OS1 in a statement dated 12 Oct 00 that 

(MDMA) or “ecstas 

c.  RESPONSE  In his response submitted on his behaIf by his attorney 

for a waiver for discharge.  He s 
tted use to the OS1 when asked. 

cident is one time u 
not submit a response to the 

4.  CHARACTER OF DISCHARGE: Because Airman 
s being recommended for 
discharge based on drug abuse (Chapter 5, Section H of AFI 36-3208), his service can be 
characterized as honorabIe, under honorable conditions (general), or under other than honorable 
conditions. 

a.  CRITERIA:  Characterization of discharge will be determined solely by the member‘s 
military record during the current enlistment.  An honorable discharge is appropriate when the 
quality of an airman’s service gcnerally,bas met Air Force standaxds of acceptable conduct and 
performance of duty, or when a member’s service is othmise so meritorious that any other 
characterization would be inappropriate.  A genera2 discharge is a separation under honorable 
conditions and is appropriate when significant negative aspects of the airman’s conduct or 
performance outweigh positive aspects of the airman’s military record.  An under other than 
honorable conditions (UOTHC) dumgterization is usually reserved for those cases in which an 
airman‘s  misconduct is severe and constitutes a significant depazme fiom Air Force standards of 
conduct. If a UOTHC is recommended, an airman is entitled to receive an administrative 
discharge board hearing. 

b.  DISCHARGE CHARACXl3UZATION IN THIS CASE:  Based upon the nature of 
the respondent’s misconduct, service history and the provisions of AFI 36-3208; an under 
honorable conditions (general) discharge would be the most appropriate service characterization. 
5. PROBATION AND REHABILITATION:  Airmen are not eligible for probation and 
rehabilitation under the provisions of AFI 36-3208, Chapter 7, paragraph 7.2.6, if the reason for 
discharge is drug abuse. 

-3.-  P_ 

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p p d = - m a _  

DEPARTMENT OF THE AIR FORCE 

6TH  AIR  MOBILITY WING  (AMC) 

MACDILL AIR FORCE BASE, FLORIDA 

FROM:  6CS/CC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge fiom the United States Air Force for drug abuse.  The 
authority for this action is AFI 36-3208, Chapter 5, Section H, paragraph 5.54.  Copies of the 
documents to be forwarded to the separation authority to support this recommendation are 
attached. 

2.  My reason for this action is as follows: 

You wrongfully used Methylenedioxymethamphetamine (MDMA, Ecstasy), between on or about 
12 Mar 00 and 01 Oct 00.  You admitted your use of this drug to the OS1 in a statement dated 12 
Oct 00. 

3.  This action could result in your separation with an under honorable conditions (general) 
discharge.  I am recommending that you receive an under honorable conditions (general) 
discharge.  The commander exercising Special Court Martial (SPCM) jurisdiction or a higher 
authority will decide whether you will be discharged or retained in the Air Force.  If you are 
discharged, you will be ineligible for reenlistment in the Air Force and will probably be denied 
enlistment in any component of the armed forces, and any special pay, bonus, or education 

-  assistance funds may be subject to recoupment. 

- 

4.  You have the right to consult couniel.  Military 
have made an appointment for you to consult Capt 
You may consult civilian counsel at your own expense. 

en obtained to assist you.  I 
-8kr 0 1 
at J+OO  hours. 
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5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by @ f i t  
an extension for good cause shown.  I will send them to the separation authority. 

J//f&unless  you request and receive 

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6.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  You have been scheduled for a medical examination.  You must report to the 6th Medical 
Group Hospital - Physical Exams, at  1100 hours on  3 NLb( . 

AMC - GLOBAL REACH FOR AMERICA 

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 in the orderly room. 

9.  Execute the attached acknowledgment a 

Attachments: 
A.  Respondent’s Acknowledgment 
B.  AF Form 1 168 dated 12 Oct 00 

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