AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

TYPE GEN 

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PERSONAL APPEARANCE 

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MEMBER SITTING 

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1  RECORDREVIEW 

ADDRESS AND OR ORGANlZATlON OF COUNSEL 

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A93.23 

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IYDEY NL'HBER 

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A66.00 

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HEARING DATE 

11 Aug 2004 

CASE NUMBER 

FD-2004-00164 

Case heard at Washington, D.C. 

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ORDER APPOINTING THE BOARD 
APPLICATION  FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
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FILE 

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

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TAPE RECORDING OF PERSONAL APPEARANCE 

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. 

RANDOLPH AFB, TX 78150-4742 

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AFHQ FORM 0-2077, JAN 00 

1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAI,  RATIONALE 

CASE NUMBER 

FD-2004-00164 

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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  the  applicant  substantiates  an 
inequity or impropriety that would justify  a change of discharge. 

Issue 1.  Applicant contends discharge was inequitable because it was based on one incident in 59 months of 
service.  Applicant was discharged for drug abuse after he received an Article 15 for wrongful use of 
marijuana when a urinalysis came back containing THC above the DoD cut-off of 15 nglml, specifically 37 
ngiml.  Applicant feels a general discharge was too harsh for this offense.  The Board noted the Air Force's 
drug policy was well publicized and members were continually made aware that illegal drug use was not 
tolerated.  Marijuana use is viewed as a very serious failure to meet Air Force standards and thus the 
characterization of service member received is warranted and appropriate due to that misconduct.  The Board 
could find no inequity or impropriety on which to suggest a basis to upgrade the discharge. 

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the 
service. The DRB took note of the applicant's duty performance as documented by his performance reports, 
letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were its basis. 

Issue 3.  Applicant contends he was suffering from depression as a result of the death of a best friend, serious 
illness of his mother, and death of his first child, all within a short period of time.  It was in this context and 
due to peer pressure that applicant claims he succumbed to the temptation of using marijuana.  At the time of 
the discharge, member consulted counsel and they requested a retention waiver, claiming that member's 
drug use was experimental.  But he had admitted three instances of pre-service marijuana use which 
discredited the claim that he was an experimenter.  Furthermore, there is no evidence in the record that 
member sought help from any base agencies such as the chaplain, life skills clinic, family support center, or 
chain of command for his purported depression.  While it is understandable that someone experiencing 
personal problems has additional stress, the Board did not find them of sufficient mitigation to warrant an 
upgrade. 

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 R W I E W  BOARD 

ANDREWS AFB, MD 

(Former A1C)  (HGH SFLA) 

FD2004-00164 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr Lackland AFB, TX on 30 Jun 03 
UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 7 Apr 79.  Enlmt Age: 19 2/12.  Disch Age: 24 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-72,  E-32,  G-39,  M-16. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: 30 May 02. 

b.  Prior Sv: (1) AFRes 9 Jun 98 -  28 Jul 98 (1 month 20 days) (Inactive) . 

3.  SERVICE UNDER REXIEW: 

a.  Enlisted as AB  29 Jul 98 for 4 yrs.  Extended 17 Dec 01 for 23 months. 

Svd: 4 Yrs 11 Mo 2 Das, all AMS. 

b.  Grade Status:  A1C -  25 Apr 03  (Article 15, 25 Apr 03) 

SrA -  29 Jul 01 
A1C -  29 NOV 99 
A m  -  29 Jan 99 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 25 Apr 03, Lackland AFB, TX -  Article 112a.  You, did, 

between on or about 1 Feb 03, and on or about 26 Feb 03, 
wrongfully use marijuana.  Reduction to AlC.  (No appeal) 
(No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 29 Jul 98 -  28 Mar 00  Randolph AFB  5  (Initial) 
29 Mar 00 -  28 Mar 01  Randolph AFB  5  (Annual) 
29 Mar 01 -  28 Mar 02  Randolph AFB  5  (Annual) 
29 Mar 02 -  26 Feb 03  Lackland AFB  5  (CRO) 

h.  Awards &  Decs:  AFAM, AFOUA ~ / 1  OLC, NDSM, AFEM, AFLSAR, AFTR. 

i.  Stmt of Sv:  TMS:  (5) Yrs  (0) Mos  (22) Das 
TAMS:  (4) Yrs  (11) Mos  (2) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 11 Feb 04. 

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(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 

7 .  SUPPORTING DOCUMENTS  (X as a9icable) (Please pnnt  name and Social Seem Number on aach obcument.) 

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WILL NOT BE  SUBMTTTED.  PLEASE COMPETE REVIEW BASED ON AVAILABLE SERVICE RECORDS. 

ARE LISTED BELOW AND ARE ATTACHED TO THIS APPLICATION:  (Contlne on a plah sheet o f p p e r # m  sp8ce/s needed.) 

a.  DOCUMENT 1: 

b.  DOCUMENT 2: 

c.  DOCUMENT 3: 

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I The Board will consider any issue submitted by you prim to closing the case for deliberation  The Board will also review the case to 

,  determine whether there are any issues that piovide a basis for upgradiG your discharger  HovGever: the Board is not required to tespond in 
writing to issues.of concern ,to you unless those issues are listed or incorporated by specific reference below.  Carefully read the instructions 
that pertain to Block 8 prior to completing @is part of the application.  !f you need nipre-space, submit additional issuesoy an attachment. 

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l - u ~ f s ' ~  AN A~ACHMENT TO TYS A P P W I O N .   , ,  , 

I HA&  W E D  ADDITIONAL 

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SUI~MI&D+AN  APPLICATION ON (Ehter'da'te) 
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AND AM COMPLETING THIS FORM IN ORDER TO SUBMIT ADDmONAL ISSUES ;: 
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This letter is being submitted on behalfof 

and it is in 

suppod of having my d t a r y  records corrected. If my records are ava-ilable To Whom It 

May Concern, please look them over and base your decisions accordingly. 1 was informed 

that the Veterans f i k s   office could assist me with this type of action, but the phone caIls 

that were made to the VA representatives were not returned, so I am taking the liberty of 

typing my own letter on my behalf in hopes that whoever reads this will understand the 

reasoning behind me doing so. I feel as though this discharge that I received fi-om the Air 

Force is the only thing keeping me from becoming a legaimate part of society- 1 believe 

that my misconduct was due to life changing events, and my purpose of this request is to 

attempt to receive a discharge t M  reflects my work ethic and also c b t & e s   what type 

of individual I am. 

There were three events that changed my He last year that b e

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recovered f i ~ m ,  but the lord has blessed me with his grace to be able to move on in life.  I 

will mplah the eEekts of each eve*  but keep in mind that it's  not in order the way ii 

happened. One of the incidents that happened was the death of my best fiiend, who was 

suppose  visiting me at the time of his death i was suppose to pick him up, but I could 

not, and his mother got sick, so we decided that the best thing for both parties was to plan 

the trip for another weekend That same night, be got shot as he carne oui of his front 

door. The issue that depressed me was the fact that I had plans to pick him up that day. I 

fist conld not get over the fact that if1 had indeed -picked him up,  he would still be living- 

That sent me into a kind of shock that seriously took a toll on my mental state. 

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F D W - B D ~ ~  

The most significant incident that I had to overcome in February of 2003 

that played a role in my misconduct was the death of my first born so 

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I had a girlfriend whom I was engaged to that became pregnant for me. 

She was due to deiiver around April I, 2003, but complications made my son come 

prematurely. Two days before I got on a plane, I received a call saying my son had 

passed away. Dzning the pregnancy, my girEiend and I were trying to work out our 

relationship, and when my son got taken away fiom me, it destroyed my world. The 

fad that I had a son was my nkimate accoqlishmerit in He and when t b t  

accomplishment got taken fiom me, I had nothing left to give to my job, or my 

relationship and both worlds fen apart. Needless to say, that was the end of our 

relationship because i t  led to arguments, and blaming, and a lot of stress. 

The last thing that took place was a decision %bat my mo%her had made to 

not have her surgery for her breast cancer. My mom decided that one surgery had 

been enough, and she was not going to go through chemotherapy ever again, and 

the doctor told her that her decision gave her about 2 months to live. The family 

had gone to this appointment -Lwith my mother ffor support, and this statement fiom 

the doctor broke us all down. I will just  say that this really stressed me out because 

I had no intentions of sitting around and ..watching my mother slowly die- My 

misconduct happened after this information was passed to us, and I had cried myself 

to the point to depression, and honestly 

I needed to drug myself; or c o d  

suicide to justifj all of these things that were happerzing to me. I got back to San 

Antonio, and my first day back at work, I got notified tkd f would be leaving 

a 

TDY as soon as two weeks. The level of stress in my life was getting higher by the 

day. 

These events that happened to me really played a sigmficant role in my 

actions- All of tlrirlgs happened in a 30-45 day span, and 1 honestly don't  know 

anyone that could have endured what I went through without contemplating 

suicide. F feel as if1 had no one to turn to because I worked at the MPF with 

officers, and highly enlisted officials and they made it seem as though under no  . 

k m t a a c e  can one lose sex-control, and t&'s  why I betieve -that I was not 
offered help for my depression. I am requesting that my discharge be upgraded to - 

honorable based on my work ethic, and my evaluations of my work that I received 

from my supervisors. Any EPR that was ever done on me reflects the highest rating 

possible and also included remarks from o££iciaIs thai prove that I am a depe&Ee 

employee. I am also requesting that my discharge to be upgraded for the benefit of 

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my *e. 

E~qloyer's who see this type of discharge, do not care what type of-  ' 
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problems I endured. They just  see that general discharge, but that does not portray 

the image of dxt type of worker I am and what type I would be to these 

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companies. I made a mistake in He, and I have learned and moved on from that.  I 

have always given 1 10 percent, and when T got depressed and had no m e  to give, 

and I lost my reason for living. I have rectified my situations with the lord, and I 

working for the c h c h  tM I attend whlle I am fmishirg my degree plan. I am close 

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to finishing my degree in computer networking, but what good is a bachelor's 

degree with a background like h e ?  I have applied for many positions, and been - 

denied because of my discharge characterization. I feel as though people who live in 

"real  life' can understand what I went through as a young man, and can appreciate 

the hct that the l o ~ d  did ~ m t  let me take my life for a reason 1 think that I am here. 

so that I can become a better person, and help others understand about the 

seriousness of depression, and tJx seriousness of reaching out for help. I ask that 

whoever is reading this is blessed with an understanding that everyone is not 

perfect, and people do make mistakes- T hope that for my h i m e  sake that this 

situation can be resolved, and I can go back to the working society with pride. 

M i  wage working k r  the church is no way to support my kid, and I am  . 

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asking for forgiveness so that my daughter can have the things in life that she needs 

to be a better person than I,  and so she can have t ? ~  

t . k g s  in life that she rep&- 

. 

God Bless, 

DEPARTMENT O F  THE AIR  FORCE 

AIR  EDUCATION  A N D  TRAINING  COMMAND 

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2 2  MAY  2003 

FROM:  37 MSSICC 

SUBJECT: Notification Memorandum 

I.  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 could be characterized as Under Honorable 
Conditions (General) Discharge.  I am recommending your service be characterized as Under 
Honorable Condijions (General). 

2.  My reason for this action is that you did, at or near San Antonio, Texas, between on or about 
1 February 2003 and 26 February 2003, wrongfully use marijuana . For this misconduct, you 
received an Article 15, dated 25 Apr 03, and your punishment was reduction to the grade of E-3,, 
with a new date of rank of 25 Apr 03. 

3.  Copies of the docbents to be forward 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, if you are 
discharged, and how your service will be characterized. If you are discharged, you will be 
ineligible for reenlistment in the Air Force. 

4.  You have the right to counsel.  Military Legal Counsel has been obtained for you.  I have 
made an appointment for you to consult the Area Defense Counsel (ADC) at Building 1000, on 
2 3  m 
expense. If employed, civilian counsel must be readily available. 

hours.  You may consult civilian counsel at your own 

at  0 4 a o 

20 0 3 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by (3 work days)^&^^ 03 
, unless 
you request and receive an extension for good cause shown.  I will send them to the separation 
authority. 

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6.  If you fail to consult counsel or to submit statement in your own behalf, your failure will 
constitute a waiver of your right to do so. 

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7.  You have been scheduled for a medical examination.  You must report to Wilford Hall 
Medical Center, Family Medicine Clinic, on z? 
medical, immunization, and dental records for the exahination. 

0 3  at  13 3 4 

hours with your 

8.  You have been scheduled for a Transition Assistance Program (TAP) briefing.  You must 
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report to the Family Support Center, Bld 
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hours for an appointment 

9.  Any personal information you furmsh in rebuttal is covered by the Privacy Act of 1974. A 
copy of AFI 36-3208 is available for your use at the Commander's Support Staff. 

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

Commander 

Attachments: 
1.  AF Form 3070, dated 25 Apr 03 wlatchs 
2.  AF Form 11 37, disposition date 29 Apr 04