AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

 

-

-

TYPE 

A1C  _I 

MEMBERS SITTING 

I 

HEARING DATE 
03-05-16 

I 

CASE NUMBER 
FD2002-0517 

REMARKS 

Case heard at Washington, D.C. 

I 

I 

2  )  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4  BREF OF PERSONNEL FILE 

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

TAPE RECORDING OF PERSONAL AF'PERANCE HEARJNG 

Advise applicant of the decision of the Board and the right to a personal appearance withlwithout counsel. 

DD Fm 149 submitted.  The case will be forwarded to the AFBCMR for further processing. 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used. 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD2002-0517 

GENERAL:  The applicant appeals to change the reason and authority for his discharge. 

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:  Change of reason and authority for the discharge are 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 for misconduct, namely drug abuse.  He received an Honorable sewice 
characterization  due  to  having  self-identified  as  a  drug  abuser  and  there  being  no  other  derogatory 
information against member.  Applicant advises during a period of depression he fell into drug and alcohol 
abuse,  but  decided  to  seek  treatment  when  the  substance  abuse  was  getting  out  of  control.  Member 
admitted  using  cocaine  three  times  while  on  active  duty  to  his  mental  health  providers  and  was  also 
diagnosed alcohol dependent.  He successfully completed an in-patient treatment program and had hopes of 
being  retained.  Although  applicant  concedes  he  signed  his  DD  Form  214  discharge  documents 
acknowledging his  discharge reason as misconduct, he  didn't  realize the  full effect of  doing so and  the 
negative  impact  it  would  have;  he  also  believed  he  was  being  discharged  for  "convenience  of  the 
govement."  The record shows that at the time of the discharge member consulted counsel and waived his 
right to  submit statements in his own behalf.  Furthermore, member did not request he be considered for 
retention at the time of the discharge, and had he, the burden would have been his to show he met the seven 
retention criteria.  The Air  Force's  drug policy was well publicized and members were  continually made 
aware that illegal drug use was not tolerated.  The Board noted that drug abuse is not compatible with Air 
Force  standards; although member  self-identified, the  seriousness of member's  misconduct  warrants the 
discharge for misconduct he received,  The Board could find no inequity or impropriety on which to base a 
change of discharge reason or authority. 

Applicant states his defense counsel and others in the Air Force told him that if he completed 30 months 
service and received an honorable characterization of service, he would be discharged for "convenience of 
the service," thus allowing him to retain access to Montgomery G.I.  Bill education benefits.  Chapter 30 of 
Title 38, U.S. Code provides that in order to use these benefits after separation, a member must have served 
3  years,  unless separated early for certain reasons, one of which is "convenience  of the  government,"  in 
which case they must  only have  served 30 months.  Misconduct and / or drug abuse are not  among the 
reasons for early separation under which only 30 months'  service is required in order to use these benefits. 
The records review disclosed no documentary evidence to substantiate that applicant was told he would be 
discharged for "convenience of the government."  In fact, the letter of notification clearly shows that the 
reason for discharge is "specifically drug abuse," and applicant acknowledged receipt and understanding of 
that  notification. 
In  the  absence  of  documentary  evidence  to  the  contrary,  the  Board  could  find  no 
impropriety in this regard and finds the issue without merit. 

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 

ANDRgWS AFB, MD 

(Former AlC)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a HON Disch fr USAF 24 MAY 01 UP AFI  36- 
3208, para  5.54  (Misconduct -  Drug Abuse).  Appeals fox Change in Reason and 
Authority for Discharge. 

2 .   BACKGROUND: 

a. DOB: 9 Nov 76.  Enlmt Age: 21 9/12.  Disch Age: 24 6/12. Educ: HS DIPL. 

AFQT: N/A.  A-87,  E-54,  G-55, M-18. PAFSC:  23633 -  Telephone Systems 
Apprentice. DAS: 25 Sep 00. 

b.  Prior Sv: (1) AFRes 14 Aug  98 -  17 Nov 98 (3 months 4 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 18 Nov 98 for 4 yrs. Svd: 2 Yrs 6 Mos 6 Das, all AMS. 

b.  Grade Status:  A1C -  18 Mar 00 

AMN  -  Unknown. 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e .   Additional: LOR, 26 APR 01 -  Admitted use of cocaine use to health 

provider. 

f .   CM:  None. 

g.  Record of SV: 18 Nov 98  -  17 J u l   00  Osan AB  5  (Initial) 

(Discharged from Davis-Monthan AFB) 

h.  Awards &  Decs:  AFTR, AFOSSTR. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (9) Mos  (11) Das 

TAMS: (2) Yrs ( 6 )  Mos  (6) Das 

4.  BASIS ADVANCBD FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Oct 02. 

(Change Reason and Authority for Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Personal Statement. 
2. Disabled Veterans Correspondence. 
3. DD Form 149. 
4. VA Form 21-22. 
5. Seven Letters of Support. 
7. Recovery Plan. 
8. DD Form 214. 

PERSONAL STATEMENT 

pb20d2e~s~7 

10-08-02 
From: 

To whom it may concern: 

In  hopes of  furthering my  education, become  a productive member  of society and a man;  I joined  the 
United States Air Force on November 18, 1998. My grandfather who served his country distinguishably in 
the Army during WWII, and my older brother (U.S. Navy) were my role models, and helped motivate me 
to do the right thing and serve my country. 

When I enlisted I was fortunate to receive a guaranteed job  fiom my recruiter, and upon completing Basic 
Military Training on December 3 1, 1998 I attended: 

Training School at Lackland AFB in San Antonio, Texas where I studied Electronic Principles, and 
received 13 Cornunity College hours. 

Training School at Sheppard AFB in Wichita Falls, Texas where I studied in Telephone Systems, 
and received 2 1 Community College hours. 

At both of these schools and on the job  training, I received superior training from my instructors. I always 
followed orders, was  always respectful to  my  superior  officers,  and  got  along with  my  fellow enlisted 
serviceman. I became a Telephone Systems Apprentice (2E633) and on September 5,  1999 I was sent to 
Osan Air Base, Republic of Korea until September 5, 2000. There 1 continued my telephone training and 
was  awarded a five (5) (highest mark  an aiman could  get) on  my  first and only Enlisted Performance 
Report, and was recommended for immediate promotion. On September 26,2000 I was assigned to Davis- 
Monthan AFB in Tucson, Arizona until May 24,2001. 

My responsibilities as a Telephone Systems Apprentice entailed circuits, telephone instruments, electronic 
telephone  systems, digital telephone switch systems,  associated  line equipment, special circuits such as 
intrusion  a l m s ,  data  transmissions,  and  intercom  units,  along  with  command  and  control  circuits.  I 
learned  how  to  interpret  service  orders,  sketghes,  drawings,  and  how  to  fully understand  a  circuit by 
working  with  low-voltage  equipment.  I  gained  customer  service  skills  by  coordinating  telephone 
installations and repair activities with the appropriate subscriber agencies and organizations. I performed 
all job  assignments from preventive maintenance inspections to troubleshooting on digital switches. 1%as 
awarded the basic military training ribbon, short-tour service ribbon (Korea), and a Letter of Appreciation 
from the Mustang Valley Project in Korea. Until my discharge I had  a secret security clearance. Today, 
because  of  the  valuable  training  I  received  in  the  United  States  Air  Force,  I  am employed  in 
telecommunications. 

As well as things were going for me; I fell into a state of depression (due to  a past  devastating personal 
loss), which led to my alcohol and substance abuse problem.  I knew that my problem was  getting out of 
control, so I decided to  seek help.  I  read  in an Air Force manual that  serviceman with substance abuse 
problems were encouraged to  seek treatment. I self identified and on February 2000 I was sent to Camp 
Pendleton, California where I received treatment. I successfully completed the program, and was placed on 
a one-year recovery (see attachment #12) plan, which I never was allowed to complete, 

Upon  my  return  to  Davis-Monthan,  my  superiors  informed  me  that  I  would  be  discharged.  I  was 
devastated, knowing what I had done was a major mistake, but I was still hoping that the U.S. Air Force 
would take into consideration my  efforts to deal with my problems and retain me. I was willing to suffer 
whatever punishment handed  me,  and would  have become  an airman basic again,  if the Air Force had 
retained me. Unfortunately, that was not to be the case, and though I was never charged, tried or convicted 
in any court, on May 24,2000 1 was honorably discharged. 

received an honorable discharge, and completed 30 months required  service, that I would be discharged 
for,  b'convenience of  the  government,)'  and  retain  my  Montgomery  (3.1.  Bill  benefits.  The  stated 
agreement  was  changed  and  the  U.S.  Air  Force's  oficial  position  is,  that  I  was  discharged  for 
"misconduct,"  because I willingly signed a DD Form  214 with  said charge. I admit to  signing the DD 
Form 214 with the charge of urnisconduct,"  but my reason(s) for si 
d Air Fo 
advised and assured by my Attorney, 
that I was being discharged for, Ucon-rnmeot" 
informed me otherwise, I would have never signed the DD Form 214 

In  appealing  to  you  for  an  upgrade,  I  want  to  state  that  due  to  individual.(s) Air  Force  official(s) 
circumventing the agreement to discharge me for "convenience of th 
have  this matter corrected (with the help of many individuals, especi 
over one year, disrupted my life, education and has causedme extreme 
years of age, work full time, attend Southwestern .Community College part time, but due to the outrageous 
cost of living in San Diego I live with my parents. Aside, from working full time, attending College etc., I 
want to proudly state (due to my religion beliefs) that I have been substance abuse and alcohol fiee for one 
year and eight months! Looking back, I am fully cognizant (beyond anybody's comprehension) of what my 
'regrettable actions (which I have to live with for the rest of my life) have caused. I disgraced the U.S, Air 
Force, my family and myself, but I have tried to change a s  the enclosed letters (testifjmg to my character) 
from persons who care about me, affirm. 

In  closing, I ain hoping that upon reviewing my appeal you will  see fit to  correct and rectify the gross 
injustice  done  against  me  by  the  U.S.  Air  Force.  Further,  that  you  upgrade  my  narrative  reason  of 
separation, and restore (especially my Montgomery G.I. bill) all of my veteran's benefits so I can continue 
my education, to improve and better myself so I can become a productive member of my community and 
country. 

-1 

Thank you in advance for your time, efforts and patience in reviewing my appeal. 

Sincerely, 

DEPARTMENT OF THE AIR FORCE 
HEADQUARTERS TWELFTH AIR FORCE (ACC) 
DAVIS-MONTHAN AIR FORCE BASE, ARIZONA 

7 MAY  Ql 

FROM:  61 2 ACOMSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for misconduct, 
specifically 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. 

2.  My reason for this action is that on or about 7 Feb 01, you voluntarily disclosed to a mental 
health provider that you had used cocaine in January 2001.  As a result, you received a Letter of 
Reprimand (LOR) (Tab 1). 

3.  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 will probably be denied enlistment in any component of the 
armed forces and any special pay, bonus, or education assistance may be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel, the Area Defense Counsel, 
-Bldg 
has been scheduled for you to consult him on  MAY  at  /4@  hours.  In addition to military 
counsel, you have the right to employ civilian counsel at your own expense. 

351 0, at 228-5664, has been obtained to assist you.  An appointment 

5.  You have the right to submit statements in 
separation authority to consider must reach 
receive an extension for good cause shown.  I will send them to the separation authority. 

statements you want the 
unless you request and 

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 Physical Exams 
Office of the Aeromedical Facility, Bldg 400, Rrn 163, at / 
exarnination.  &St 

for the 

, on 

A%$&, 

8.  You have been scheduled for an initial outprocessing briefing  You must report to the 
onnel Flight (MPF),  Separations Element, Bldg 3200, Rrn 20, at  Oq6~) 

, for the outprocessing briefing. . 

> 

9.  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 at the Area Defense Counsel's office, Bldg 35 10. 

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

Commander 

Attachments: 
1.  Supporting Documents 

LOR, 26 Apr 0 1 (2 pages); Summary of Treatment o- 
1 May 01 (2 pages) 

2.  Airman's Receipt of Notification Memorandum 

19 Apr 0 1 ; LOR Response,