I 
'1  NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

GRADE 

1  TSGT 

I 

I 

MEMBER SITTING 

I  HON 

I  GEN 

I  UOTHC 

I  OTHER 

I  DENY 

I 

APPLICATION FOR REVIEW OF DISCHARGE 
LETIER OF NOTIFICATION 

COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPERANCE 

I 

I 

HEARING DATE 

07 Dec 2003 

CASE NUMBER 

FD-2003-00374 

Case heard at Randolph AFB, Texas. 

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

TO: 

S AFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFl3, TX 78150-4742 

I  FROM: 

i 

SECRETARY OF TIIE AIR  FORCE PERSOhWEI. COIINCIL 
AIR  FORCE DlSCllARCE REVIEW BOAKD 
1535 COMMAND DR. EE  WING. 3RL) FLOOR 
ANDREWS AFB, MD 20762.7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2003-00374 

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

the Discharge Review Board at Randolph AFB, Texas, on 7 December 2003.  He was 
of the Texas Veterans Commission. 

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

* 

The applicant submitted the following additional documentary evidence: 
Exhibit #5, Statement from Applicant with 23 attachments, dated 7 December 2003. 

FINDINGS:  Upgrade of Discharge is denied. 

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

ISSUES: 

Issue  1.  Applicant contends his discharge was inequitable because it was too harsh.  The records indicated the 
applicant's urine tested positive for tetrahydrocannabinol (THC), the metabolite found in marijuana.  He was offered 
an administrative discharge board, but waived his right not only to legal counsel, but also to present matters to the 
administrative discharge board.  The applicant contends that his waiver of his right to counsel and an administrative 
discharge board was a result of the custody battle in which he was involved at the time of his discharge after more than 
18 years of satisfactory service.  He also states that he has never used marijuana and contends that his positive 
urinalysis was the result of either his innocent ingestion of marijuana smoke emitting from the marijuana his girlfriend 
at the time smoked or from his legal ingestion of pep pills or Ma Hwang, an herbal tea. 

The applicant contends that the Ma Hwang which he ingested came from a container purchased at a local health and 
nutrition store by a friend of his.  The applicant stated he gave personnel at AFRCDPML a copy of the label from the 
container of the Ma Hwang on which there was a statement indicating that ingesting Ma Hwang could result in a 
positive urine test for THC.  That copy, however, is not in the case file.  To the contrary, the case file contains 
documentation which provides background on Ma Hwang.  Although that summary states the Ma Hwang contains 
ephedrine-which 
THC. 

can be converted to methamphetamine-it  makes no reference to potential positive test results for 

Issue 2 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was doing well 
and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the 
hearing.  The Board concluded the applicant's term of service was appropriately characterized. 

The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The 
characterization of the discharge received by the applicant was found to be appropriate. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent with the procedural and 
sub tantive requirements of the discharge regulation, 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 

ANDREWS AFB, MD 

(Former TSGT)  (HGH TSGT) 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTH Disch fr USAFR 17 Aug 01 UP AFI 36- 
3209, para 3.21.3.2 (Misconduct -  Commission of a Serious Offense -  Drug Abuse). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 24 Feb 61.  Enlmt Age: 19 4/12.  Disch Age: 40 5/12. Educ: HS DIPL. 
AFQT: N/A.  A-34,  E-54,  G-61,  M-78. PAFSC: 4N031 -  Medical Service Apprentice. 
DAS: 15 Nov 93. 

b.  Prior Sv: (1) AFRes 26 Jun 80 -  8 Sep 80 (2 months 14 days) (Inactive) . 

(2) Enlisted as AB  9 Sep 80 for 6 yrs.  Extended 7 May 85 for 

6 months.  Extended 4 Feb 87 for 17 months.  Reenlisted as Sgt 27 Feb 87 for 4 
yrs.  Extended 15 Oct 90 for 7 months.  Svd: 11 yrs 0 months 17 days, all AMS. 
AMN  -  Unknown.  A1C -  Unknown.  Sgt -  1 Oct 82. No EPRs. 

10 months 27 days, of which AMS is 6 months 24 days.  SSgt -  1 May 94. 

(3) Reenlisted AFRes as Sgt 4 Dec 93 for 4 yrs.  Svd: 3 yrs 

ART 15: (1) 12 Nov 82, Randolph AFB, TX -  Article 134.  You did, on 

or about 5 Oct 82, wrongfully distribute some quantity of 
marijuana.  Suspended reduction to AlC, forfeiture of 
$100.00 pay for 2 months.  (No appeal) (No mitigation) 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted AFRes as SSgt 1 Nov 97 for 4 yrs. Svd: 3 Yrs 9 Mo 16 Das, of 

which AMS is 1 month 16 days. 

b.  Grade Status:  TSgt -  1 Jul 99 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 14 Nov 93 -  14 Nov 97  Lackland AFB  4  (Biennial) 
15 Nov 97 -  14 Nov 99  Lackland AFB  4  (Biennial) 

(Discharged from Kelly AFB) 

h.  Awards &  Decs:  NCOPMER, AFGCM, AFLSAR, NDSM, AFOSLTR, AFTR, ARFMSM. 

i.  Stmt of Sv:  TMS:  (18) Yrs  (11) Mos  (0) Das 
TAMS: (11) Yrs  (8) Mos  (28) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 21 Sep 0 3 .  

(Change Discharge to Honorable) 
Issue 1 :  I ---'---QT, respectfu1fy request my discharge be 
changed to Honorable.  When I stated at the original time of discharge I did not 
directly use marijuana but used poor judgement by being around it frequently. 
The woman I loved, my fiancee at the time was an avid user and I spent a lot of 
time with her.  I could feel minor effects of the smoke but didn't think  it 
would cause a positive urinalysis. 

During this time frame, pending discharge, I was trying to gain full custody of 
my daughter and was concerned an appeal would hinder my chances of gaining 
custody. (I did smarten up and break up with my Fiancee). 

I did finally about  (sic) a year later get full custody .and we are very happy 
together living responsible law abiding lives. 

Due to my excellent work history with the United States Air Force please 
consider these statements and change my Other Than Honorable discharge to 
Honorable so we may improve our standard of life. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE RESERVE COMMAND 

MEMORANDUM FOR 

FROM:  HQ AFRCDPM 

155 Richard Ray Blvd 
Robins AFB  GA  3 1098-1635 

SUBJECT:  Notification of Initiation of Separation Action under AFI 36-3209 

1.  By  this  memorandum,  separation  action  is  being  initiated  against  you  for  misconduct, 
commission of a serious offense, drug abuse.  The authority for this separation action is AFI 36- 
3209,  Chapter  3,  paragraph  '3.21.3.2. 
Information  regarding  your  entitlement  to  submit 
statements about your case, the l a m 1  usage of such statements and their disclosure is provided in 
the'attached  Privacy Act  Statement  (Atch  1).  A description  of the reasons for. this separation 
action  is  set  forth  in  the  attached  Statement  of  Reasons  (Atch  2)  along  with  supporting 
documents.  AFI 36-3209 is available for your review at your servicing Military Personnel Flight. 
The types  of separation  authorized are Honorable,  General (Under  Honorable Conditions) and 
Under  Other  Than Honorable  Conditions Discharge.  The  type  of  separation recommended in 
your case is an Under Other Than Honorable Discharge. 

2.  Within 24  hours  after  you  receive  this  memorandum,  you  must  complete and  return  the 
attached acknowledgment of receipt (Atch 3) of this memorandum and the attachments thereto. 

3.  The following is a summary of your rights: 

- 

a.  You  are entitled  to  consult with  a  military  legal  counsel who  is qualified  under  Article 
consult 
at no cost to you.  Y 
27(B)(l),  Uniform Code of Military Justice 0
a  Judge 
with  civilian  legal  counsel  of your  choice,  but  at  your  own  expense.  Cap 
you  in 
Advocate  qualified  under  Article  27(B)(l),  UCMJ,  has  been  designated  t 
connection with this separation action.  His mailing address is HQ AFRC/JAS,  155 Richard Ray 
Blvd, Robins AFB  GA 3 1098-1 635.  His telephone numbers are DSN 497-1 588, or commercial 
(478) 327-1588. His fax numbers are commercial (478) 327-0590 or DSN 497-0590. 

,

 

b.  You have the right to submit pertinent statements and/or  documents in your behalf which 
you~desire to be considered in the disposition of your case.  If  you elect to exercise your right to 
submit statements, and you  return the attached fonn (Atch 4) within  15 days of receipt, you may 
submit statements or documents at any time during the administrative discharge process.  Your 
decision  on  requesting  or  waiving  the  board  hearing  does  not  affect  your  right  to  submit 
statements or documents during the administrative discharge process.  The form must be  signed 
legal  counsel  and  returned  to HQ  AFRCDPM,  155 Richard Ray 
either  by  you  or  your 
Blvd, Robins AFB GA 3 1098- 1635. 

ARMS  Retrieval 

For Official U s e   Only 

. 

c.  If you need  additional time to respond  to this  separation  action, either you  or your legal 
counsel may  submit  a written  request  to HQ  AFRCOPM,  155 Richard  Ray Blvd, Robins  AFB 
GA 31098-1635,  for  an  extension  of time,  stating why you  need  the extra time and how much 
you'll need.  The request  must be  submitted  in  sufficient time to reach  this ofice within  15 days 
after receipt of this memorandum. 

4.  You are eligible for an administrative discharge board.  Within  15  days after you  receive this 
memorandum,  you  may  request  to have your case heard  by an administrative discharge board  at 
this  headquarters  by  completing  and  returning  the  attached  form  (Atch  5)  requesting  a  board 
hearing.  If you  desire a board  hearing, you  must  mail the completed form in sufficient time to 
reach this headquarters  within  15 days after your receipt  of this memorandum.  Otherwise,  your 
right  to have  your case  heard  by  an  administrative  discharge board  will  be considered  waived. 
Within  15 days after you receive this memorandum,  you may waive your right to have your case 
heard by  an administrative discharge board by completing and returning the attached  form (Atch 
6),  evidencing  your waiver.  Information 
is 
provided  at Attachment 7. 

regarding  an  administrative  discharge  board 

#j ;. 

5.  You arenot eligible to apply for transfer to the Retired Reserve. 

6 .   You should note that failure to respond  on the selection of one of these options, or failure to 
request a  delay within  IS days after you  receive this  memorandum, will  constitute waiver  of all 
your rights.  This includes the right to have your case heard by an administrative discharge board, 
and will result in your case being processed on the basis of all the evidence then available. 

7.  Return envelopes are attached (Atch 8) for your convenience. 

A 

P  - - --  - -- 

Chief, Military ~ersonnelBPdiations 
Military Personnel Division 

Attachments: 
I.  Privacy Act Statement 
2.  Statement of Reasons w/ 
Supporting Documentation 
3.  Acknowledgment of Receipt 
4.  Selection of Rights 
5.  Request for Board Hearing 
6.  Waiver of Board Hearing 
7.  Discharge Board Info 
8.  Envelopes (2) 

. 

. 

.  . 

CC : 
HQ AFRC/JAS 
433 MSS/DPMSA (Relocation) wo Attachments 

- 

6, 

ARMS Retrieval Copy -- For Official Use Only