AIR FORCE DISCIIARGE REVIEW BOAHI)  HEARING RECORI) 

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I -NAME  OF SEHYlCE MEMBER (LAST,  FIHSI. MlI>Dl.E INITIAL) 
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X  PERSONAL APPEARANCE 
NAME OF COUNSEL AND OR ORGANIZATION 

COUNSEL 

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MEMBERS SITTING 
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ISSUES 
A01.21, A01.13, A01.39, 
A92.15, A92.21 

IlEARlNC DATE 
03-04-22 

INDEX NUMBER 
A67.30 

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CASE NUMnER 
FD2002-0294 

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GRADE 

AFSNISSAN 

AMN 

RECORD REVIEW 

ADDRESS AND OR ORGANI7ATION O F  ('OUNSEL 

VO'IE OF THE BOARD 

HON 

CEN 

UO'IHC 

OTHER 

DENY 

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EXJnBlTS SUBMITTED TO THE BOARD 

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ORDER APPOINTING Tl-lE BOARD 

APPLICATlON  FOR REVlEW OF DISCHARGE 

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I 3  1  LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
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COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAI. EXHIBITS SIJBMIITED AT  TIME OF 
PERSONAL APPEAIMNCE 

APPLICANT'S ISSUE AND THE BOAKD'S  DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR  FORCE DISCHARGE LhVIEW BOARU DECISIONAL RATIONALE. 

TAPE REC'ORDmG OF PERSONAL APPERANCE HEARING 

Case heard at Washington, D X .  

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

w 

INDORSEMENT 

TO: 

SAFIMIBR 
550 C STREET WEST, SUITE 40 
RANIlOI,PH  AFB, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

FROM: 

DATE:  03-04-23 

SECRETARY OF THE AIR FORCE PERSONNEL COUNClL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFR, MD 20762-7002 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCIJARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBLR 

FD2002-0294 

GENERAL:  l'he applicant appeals for upgrade of discharge to honorable, to change the reason and 
authority for the discharge, and to change his reenlistment code. 

The applicant appeared and testified before the Llischarge Review Board without counsel at Andrews AFB, 
MD, on 22 April 2003. 

The following additional exhibits were submitted at the healing: 
Exhibit 5:  Applicant's  Contentions 
Exhibit 6:  Character Letter from 1 . . . . . . . . . . . . . . . . . . . . . . . .  
Exhibit 7:  Merno from 347 SUPSICC dated - - 8 - - February 
Exhibit 8:  Copy of Business Card for Capt ~ - - - - - - ~  Moody AFB Area Defense Counsel 
Exhibit 9:  Excerpt from the Journal of Credibility Assessment and Witness Psychology, Vol. 2,lVo.  1, 

, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - -  

kited  14 April 2003 

- - - 

2002 

1999, regarding The Psychology of False Confessiorls 

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

FINDINGS:  Upgrade of discharge, change of reason and authority for the discharge, and change of 
reenlistment code are denied. 

Issrces.  Applicant was dischargecl for misconduct, commission of a serious offense.  Applicant received an 
Article  15 for attempting to use Ecstasy, a Schedule I  controlled substance.  Specifically, he allegedly asked 
another military member to purchase Ecstasy for him, and used it, as attested to in two signed sworn 
witness statements provided  to the Air Force Office of Special Investigations.  Mernber also admitted under 
oath and in a signed sworn statement that he had asked the other military member to buy Ecstasy for him, 
but the person instead gave him ephedrine pills, which he recognized as ephedrine because he often used 
the over-the-counter medication to help him stay awake.  At the time of his discharge, rnernber consulted 
counsel and submitted many character statements made on his behalf requesting an honorable separation. 
Applicant denies illegal drug use and possession, but attributes his association with another military 
member of questionable character to a lapse in judgment. 

Issues  1 and 2.  Applicant believes that his Area Defense Counsel could not adequately represent and advise 
him during his discharge processing because she also represented his accuser.  Specifically, applicant 
contends his accuser's sworn statement against him was false, but the defense counsel would not have been 
able to raise such a defense because her first obligation was to defend the applicant's accuser, thus she 
could not support applicant's  assertion of the false statement which would call her other client's  credibility 
into question.  Applicant testified however that he never raised the issue of his accuser's  statement being 
false during his Article  15 proceeding or his discharge processing, and therefore by his own actions, no such 
defense was raised.  In fact, applic'mt  signed a sworn statement corroborating his accuser's statement.  It 
should be noted that applicant was only charged with what he admitted to doing (attempting to use a 
controlled substance), and not what his accuser claimed applicant did (knowingly using ecstasy). 
Additionally, applicant has no documented evidence that the defense counsel represented his accuser other 
than hearsay verbal information from a separate party, which applicant learned of after his discharge. 
Furthermore, the Discharge Review Board surmised that had the defense counsel represented both applicant 
and applicant's accuser, it would nevertheless not have been a conflict of interest, nor under these facts even 
the appearance of a conflict of interest, in that it would have had no impact on the proceeding's  results in 
that applicant was not entitled to a board hearing and was not being court-martialed.  Therefbre this issue is 
without merit. 

lssue 3.  Applicant now contends his sibmed sworn AFOST statement was a False confession that he 
provided as a result of immense pressure and fear of being convicted of something more serious.  Applicant 
testified he thought he would not be released from the interview unless he "implicated  himself a little." 
Applicant could not explain why he continued to maintain the same "false"  version of events throughout his 
Article 15 and discharge proceedings.  He also testified that he agreed to take a polygraph examination to 
try to prove his innocence, but could not explain why he didn't take the opportunity to "correct"  his earlier 
"false confession," nor why his test results indicated deception.  Neither rcvicw of the records nor 
applicant's testimony supported applicant's  contention of undue AFOSI influence to gain a confession nor a 
hostile investigative environment or technique.  This issue is without merit. 

Issue 4.  Applicant infers discharge was inequitable because it was too harsh based on isolated behavior that 
was out of character for him.  He notes his perfbrmance was otherwise excellent and he continued to be a 
hard worker even after his misconduct came to light.  Records review disclosed applicant had three Records 
of Individual Counseling, a Letter of Admonishment, a Letter or Reprimand, and at least one verbal 
counseling.  His disciplinary infractions included failure to go, disobeying a lawful order, dereliction of 
duty, and failure to disclose pre-service arrest information on his security screening application.  While the 
records also reveal many laudatory accomplishrncnts and much positive recognition, the various offenses 
committed by member brought discredit to the Air Force and when weighed  against the overall record of 
performance.  although not used as a basis fbr the discharge, warrant the characterization of discharge 
received.  Additionally, the misconduct that was the basis for discharge could have been triable by court- 
martial and subject to a punitive discharge.  Furthermore, member knew illegal drug use was incompatible 
with Air Force standards, but chose to ignore those standards by attempting to use an illegal substance. 
Misconduct of this serious nature constitutes a significant departure from conduct expected of airmen; the 
seriousness of attempted drug abuse outweighs his otherwise satisfactory service. 

Issue 5.  Applicant also noted that his post-service  character has been commendable; he has been gainhlly 
employed and pursuing more education, as well as having gotten married.  Nevertheless, applicant's 
successes since his separation are not relevant to the period of service under review, are insufficient grounds 
to overcome the factors leading to his discharge, and do not provide a basis for an upgrade. 

The Board points out that a member of the Air Force is expected to maintain high standards of conduct both 
on and off duty.  The Board found the characterization of the discharge received by the applicant was 
appropriate and in accordance with Air Force policy. 

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 fbregoing findings the board further concludes that there exists no legal or equitable basis for 
upgrade of discharge, change the reason for discharge, or to change his reenlistment code.  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, MI3 

(Former AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl  rec'd a GEN Disch fr USAF 02/03/05 UP AFI 36-3208, 
para 5.52 (Misconduct -  Commission of a Serious Offense).  Appeals for Honorable 
Disch. 

2.  BACKGROUND: 

a. DOB: 77/09/03.  Enlmt Age: 22 1/12.  Disch Age: 24 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-82,  E-81,  G-78,  M-87. PAFSC: 2F051 -  Fuels Journeyman. 
DAS: 00/05/01. 

b.  Prior S v :   (1) AFRes 99/10/23 -  99/12/28 (2 months 6 days) (Inactive) . 

3.  SERVICE UNDER REWIEW: 

a.  Enlisted as AMN  99/12/29 for 4 y r s .   Svd: 02 Yrs 02 Mos 07 Das, all AMS. 

b.  Grade Status:  AMN  -  02/02/05 (Article 15, 02/02/05) 

A1C -  00/10/29 

c.  Time Lost:  None. 

d.  Art  1 5 ' s :  

(1) 02/02/05, Moody AFB, GA -  Article 80.  You, did, near 
Valdosta, Georgia, between on or about 1 Sep 00 and on 
or about 31 Jan 01, attempt to wrongfully use 3 , 4 -  
methylenedioxymethamphetamine  or some derivative 
thereof, commonly known as ecstasy, a Schedule I 
controlled substance.  Reduction to Airman, and a5  days 
extra duty. (No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g .   Record of SV: 99/12/29 -  01/08/28  Moody AFB  5  (Initial) 

(Discharged from Moody AFB) 

h.  Awards &  Decs :  AFTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (04) Mos  (13) Das 
TAMS: (02) Yrs  (02) Mos  (07) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/07/22. 

(Change Discharge to Honorable) 

Issue 1:  I believe my discharge to be inequitable because I believe the 

teatirnony made by my accuser to be false.  The accusations were out of character 
for me.  During my tenure in the Armed Forces, I was a proven hard worker and 
asset to everyone around me.  I was chosen as my flight's sole representative in 
the Air Force Honor Guard for Squadron, Base, and Air Force.  See attached 
document: #4 paragraph 3.  All other attached documents reflect what I have said 
about my performance as a hard worker, excellent asset, and representative of my 
country . 

ATCH 
1. DD Form 214 (Member 1&4). 
2. Congressional Correspondence, 
3. Character Reference. 
4. Enlisted Performance Report. 
5 .   Three Performance Awards. 
6. Nomination for Award. 
7. Two Certificates of Appreciation. 
8. AF Form 77, Letter of Evaluation. 
9. Award Certificate. 
10. Nomination for Award. 
11. Two Certificates of Training. 
12. Letter of Appreciation. 
13. Certificate of Recognition. 
14. Two Certificates of Training. 
15. Professional Profile Recognition. 
16. Eagle Scout Certificate. 

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STAFF SUMMARY S H E U  

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5  -I,-(?-- 

" 

SURNAME OF ACTKIN OFFICER ANO GRADE - 

SYMsOL 

PHONE 

I M n U  

SUSPENSE DAlE 

I SllBJ ECT 

Administrative Separation - 
SUMMARY 
1,  Tab 1 contains two memoranda for 347 RQWICC's signature, the first directing t h a m b e
an under honorable conditions (general) discharge and the second directin-be 
Tab 2 contains the 347 SLPSICC's recommendation for a general discharge and the case file.  Tab 3 contains the legal 
review finding 347 SUPSICC's recommendation legally sufficient. 

barred fiom Moody AFB 

 separated with 

2.  347 SUPSICC is recommending that 347 RQWICC separate-ith 
32 and AFI 36-3208, paragraph 5.52, for commission of a serious offense. o
and has submitted a statement for 347 RQWJCC's  consideration. 

h

a general discharge under AFPD 36- 
 consulted military counsel 

a

s

3.  I have reviewed the administrative separation file at Tab 2 and find it legally suacient. (See the legal review at 
Tab 3.) 

1 4.  As the Special Court-Martial Convening Authority, RQWICC has the following options: 
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a m  be retained in the Air Force; 

b.  Recommend to the General Court-Martial Convening Authority (9 AFICC) that-be 

a.  Direct t

h

separated with 

d.  Direct that the unit commander reinitiate this action for processing IAW board hearing procedures if you 

believe that an under other than honorable conditions (UOTHC) discharge may be warranted. 

an honorable discharge; 

c.  Approve an under honorable conditions (general) discharge; or, 

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1 RECOMMENDATION 
5.  RQWJCC sign letter at Tab 1 ordering- 
discharge and (2) barred from Moody AFB for a period of two years. 

be (1) furnished an under honorable conditions (general) 

1 
AF FORM 1768, SEP 84 (EF-V~PEVIOUS 

EDITION w n ~  BE usm. 

3 Tabs 
1. RQWICC Memo 
2.  Case File 
3.  Legal Review 

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DEPARTMENT OF THE AIR FORCE 

347TH RESCUE WING (ACC) 

MOODY AIR  FORCE BASE, GEORGIA 

2 1 February 2002 

MEMORANDUM FOR 

FROM:  347 SUPSICC 

STJBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Commission of a 
Serious Offense according to AFPD 36-32 and AFI 36-3208, paragraph 5.52.  If my 
Recommendation is approved, your service will be characterized as honorable or under 
honorable conditions (general).  I am recommending that your service be characterized as under 
honorable conditions (general). 

2.  My reason for this action is as follows: 

You did, at or near Valdosta, Georgia, between on or about 1 September 2000 and on or 

about 3 1 January 2001, attempt to wrongfully use 3,4-methylenedioxymethamphetarnine or some 
derivative thereof, commonly known as ecstasy, a Schedule I controlled substance.  For this 
offense you received punishment pursuant to Article 15, UCMJ.  Your punishment included 
reduction to the grade of airman and 15 days extra duty (Atch 1). 

r 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you will be discharged or retained in the Air Force and if you are 
discharged, how your service will be characterized.  If you are discharged, you wi\l be ineligible 
for reenlistment in the Air Force and will probably be precluded from enlistment in any 
component of the armed forces.  Any special pay, bonus, or education assistance funds may be 
subject to recoupment. 

3.  You have the right to consult counsel.  Military legal counsel has been obtained to assist you. 
I have made an appointment for you to consul- 
Building 5107 Austin Ellipse, Moody AFB, GA, extension (DSN) 460-3421, on 21 Februaw 
2002 at 1400 hrs.  Please take your copy of this Notification Memorandum and attachments with 
you to your appointment.  You may consult civilian counsel at your own expense. 

Area Defense Counsel, in 

4.  You have the right to submit a statement on your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after receipt of this 
notification letter unless you request and receive an extension for good cause shown.  I will send 
them to the separation authority. 

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

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

7.  Execute the attached acknowledgment and return it to me immediately. 

Attachments: 
1.  AF Form 3070,5 Feb 02 
2.  Receipt of Notification Memorandum