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AF | DRB | CY2003 | FD97-00459A
Original file (FD97-00459A.pdf) Auto-classification: Denied
FD97-00459-A 

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 

edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD97-00459-A 

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

The  applicant  appeared  before  the  Board  without  counsel  at  the  Air  Reserve Personnel  Center,  Denver, 
Colorado, on 22 Oct 03.  The following additional exhibits were submitted at the hearing: 

Exhibit 5:  Applicant's  contentions. 
Exhibit 6: Character Letter from 
Exhibit 7:  1''  United Methodist 
Exhibit 8:  Cheyenne Symphony Orchestra Letter 
Exhibit 9:  Laramie County Co 
Exhibit 10:  Thank You Letter 
Exhibit 1 1 : Character Letter fr 
Exhibit 12:  1"  United Method 
Exhibit 13 : Character Letter 
Exhibit 14:  Character Letter 
Exhibit 15:  Wyoming Tribune-Eagle Weekly Entertainment Guide Featuring Mr. 
Exhibit 16:  Western Trial Advocacy Letter, dated 18 May 98 

orandurn, dated 10 Jan 97 

dated 15 Jul02 

18 JdO3 

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  the  evidence provided by the applicant does not  warrant a grant of clemency in this 
case. 

ISSUES: 

Applicant  contends  his  discharge  was  too  harsh  and  that  his  post  service  conduct  warrants  a  grant  of 
clemency and upgrade of his bad conduct discharge (BCD) to an honorable discharge.  The records indicated 
that  the  applicant, then  a  staff  sergeant, pled  guilty at  a  special court-martial in November  1992 to  one 
specification of  the  wrongful  use  of  marijuana.  He  was  found  guilty and  sentenced to  a  BCD,  15 days 
confinement and a reduction to senior airman (E-4).  After his court-martial conviction and sentence were 
approved  by  the  convening  authority  and  upheld  by  the  appellate  courts,  his  BCD  was  executed  in 
November  1993.  Under  affirmation  before  the  Board,  the  applicant  admitted  to  post-service drug  use, 
including marijuana and "speed,"  on multiple occasions.  The applicant stated in his request for upgrade that 
he "accepted  full responsibility for his actions"  surrounding the wrongful use  of marijuana on active duty. 
Before the Board, however, he testified that he believes he was not  at fault for his ingestion of THC, the 
metabolite in marijuana, because someone had "shot gunned" the marijuana smoke into his mouth while he 
was  highly  intoxicated.  The  Board  concluded  that  this  latest  version  of  the  facts does  not  support the 
assertion that the applicant had accepted full responsibility for his actions.  Additionally, it conflicts with the 
applicant's knowing and willing plea of guilty to the wrongful use of marijuana at his court-martial. 

CONCLUSIONS:  The applicant received  a  BCD, a  punitive  discharge, as part  of his  sentence resulting 
from a special court-martial conviction.  Under the provisions of Title 10 United States Code, Section 1553, 
the  only basis  for  a  change  of  a  Bad  Conduct discharge is  clemency.  The  applicant presented  evidence 
which the DRB opined did not warrant granting clemency. 

Attachment: 
Examiner's Brief 



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