AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

1 

MEMBERS SITTING 

A92.37 

HEARING DATE 
03-05-07 

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CASE NUMBER 
FD2002-0429 

I  Case heard at Washington, D.C. 

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2  APPLlCATlON FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  BRIEF OF PERSONNEL FlLE 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT  TTME OF 
PERSONAL APPEARANCE 

TAPE RECORDING OF PERSONAL APPERANCE HEARING 

Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

TO: 

SAFMIBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

mM: 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

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

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2002-0429 

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 administratively discharged for misconduct, namely wrongful distribution of about 
5.6 grams or less of marijuana, for which she plead and was found guilty at Special Court Martial.  At the 
time  of the  discharge member  consulted counsel  and  waived  her  right to  submit  statements in  her  own 
behalf.  She also failed to argue that she met the seven retention criteria.  Applicant now contends she did 
nothing wrong because she did not know the civilian she transported onto the base was coming there to sell 
drugs, although she had some vague idea the civilian did use and sell drugs as well as the military member 
who asked applicant to bring the civilian on base.  Applicant further contends that even if she did something 
wrong,  she has suffered long enough.  Review of applicant's  signed sworn statement provided to the Air 
Force Office of Special Investigations during their investigation of this matter disclosed member admitted 
she knew the civilian was bringing drugs on base for other military members when she  (member) gave the 
civilian the ride to base, and told the civilian afterward that it "was not cool" because she (member) "could 
get into a lot of trouble for that."  The fact that member knew she was transporting the civilian on base to 
sell drugs to  other military members was  corroborated in  signed sworn statements by  two other military 
members  and  the  civilian.  The  Board  concluded  member's  misconduct  was  an  extremely  significant 
departure  from  conduct  expected  of  all  military  members.  She  was  responsible  for  her  actions  of 
misconduct and must be held  accountable for those.  Additionally, the Air Force's  drug policy was well 
publicized and members were continually made aware that illegal drug use, possession or distribution were 
not tolerated.  The Board noted that because drug abuse and distribution are not compatible with Air Force 
standards, applicant's  misconduct  therefore  warranted the  characterization  of  service she received.  No 
inequity or impropriety was found in this discharge in the course of the records review. 

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 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDRRWS AFB,  MD 

(Former AB)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 11 May 01 UP AFI 3 6 -  
3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable Disch. 

2 .   BACKGROUND: 

a. DOB: 17 Feb 80.  Enlmt Age: 18 7/12.  Disch Age: 21 2/12. Educ: HS DLPL. 

AFQT: N/A.  A-70,  E-32,  G-30,  M-32. PAFSC: 25031 -  Supply Management 
~pprentice. DAS: 22 Nov 99. 

b.  Prior Sv: (1) AFRes 22 Sep 98 -  3 Aug 99 (10 months 13 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 4 Aug 99 for 4 yrs. Svd: 1 Yrs 9 Mo 7 Das, all AMS, 

b.  Grade Status:  AB -  13 Feb 01 (SPCMO#2, 14 Mar 01) 

Amn/AlC -  Unknown. 

c.  Time Lost:  13 Feb 01 thru 11 May 01 (2 months 28 days). 

d.  Art  15's:  None. 

e.  ~dditional: None. 

f.  CM:  Special Court Martial Order No.2  -  14 Mar 01. 

CHARGE:  Article 112a.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, at or near Moody AFB, Georgia, on or about 12 
Oct 00, wrongfully distribute 5 , 6  grams, or or less, of 
marijuana.  Sentence adjudged by military judge on 13 Feb 01: 
Forfeiture of $600.00 pay per month for 3 months, confinement for 
3 months, and reduction to the grade of airman basic. 

g.  Record of SV: None. 

(Discharged from Moody AFB) 

h.  Awards &  Decs :  AFTR. 

i.  Stmt of Sv:  TMS: (2) Yrs  (4) Mos  (22) Das 
TAMS:  (1) Yrs  (6) Mos  (10) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Frn  293) dtd 3 Oct 02. 

~ 

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FD2002-0429 

(Change Discharge to Honorable) 

Issue 1:  I was charged with aiding and abetting distribution of marijuana. 
I plead guilty at a special court-martial and was confined for three months as 
part of my punishment.  Although I was not sentenced to a punitive discharge, 
separation authority gave me a general discharge, with the advice of my squadron 
commander.  I request an honorable discharge instead of a general discharge 
because I feel as though I did nothing wrong.  And even if I did, I feel like I 
have suffered enough for the wrong I committed. 

I was asked to go pick up a mutual civilian friend.  I drove my vehicle off base 
to pick up the civilian friend.  I brought her on base and parked outside a 
dormitory.  This civilian, female friend got out of my vehicle and went into a 
vehicle of a male, active duty friend.  He was the same person who asked me if I 
would go off to get her and bring her back on base.  I had an idea that he was 
asking me to go get her so that he could buy marijuana from her, but I did not 
know for sure because nobody said that to me specifically, and I never saw any 
marijuana.  But I did know that she used and sold marijuana, and I thought he 
used and sold marijuana as well.  I later found out that he was working as a 
confidential information for the OSI detachment on base.  To the extent that I 
had an idea as to what was going on, I was told that I couldn't plead ignorant. 
But I believed then, and I still believe, I didn't deserve to be brought up on 
charges of assisting a distribution because I did not know for sure if that was 
what was going to happen.  Nonetheless, to the extent I did do something wrong, 
I have to pay for it.  I have paid for it.  I served my time in confinement in 
Norfolk, Virginia.  While I was active duty, I did a great job for my squadron 
and my supervisors.  I had two supervisors testify on my behalf in my sentencing 
case, saying that I was a great airman and troop.  For these reasons, I do not 
feel it is fair that my service be characterized as general.  My service was 
honorable and my discharge paperwork should reflect as much,  Thank you. 

ATCH 
None. 

DEPARTMENT OF THE AIR  FORCE 

HrrtoQuAUERS 347TW WING (AM) 
MOODY NR  FORCE ME, CEORCIA 

30 April 200 1 

FROM:  347 SUPSICC 

SUBJECT:  Notification Memorandum 

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, paragraph 5.54.  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: 

On or about 13 February 2001, you were found guilty at Moody Air Force Base, Georgia, of 

the following offense at a special court-martial, to wit:  You did, at or near Moody Air Force 
Base, Georgia, on or about 1 October 2000, wrongfully distribute 5.6 grams, more or less, of 
marijuana.  Your punishment included reduction to the grade of airman basic, confinement for 3 
months and forfeiture of $600.00 pay month for 3 months. (Atch 1). 

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 will be ineligible 
for reenlistment in the Air Force and any pay 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 consult Area Defense Counsel, in Building 5 107 Austin 
Ellipse, Moody AFB, GA, extension (DSN) 460-3421, on 30 April 2001 at 1500 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. 

4.  You have the right to submit a statement in 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. 

qf0Gat PourEr for  d f m r  r i c n  

5.  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. 

6.  You have been scheduled for a medical examination.  You must report to the Moody Air 
Force Base Hospital, Physical Exams, Building 3296, on  1 Mav 2001 at 0750 hrs for the 
examination. This is a mandatory appointment.  Be sure to bring your medical records to this 
appointment. 
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7.  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. 

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

~omrnander,?!?7'~  Supply Squadron 

--.L 

Attachments: 
1.  Supporting Documents, Reasons for Discharge 

SPCMO, 14 March 2001 

2.  Airman's Receipt of Notification Memorandum