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AIR FORCE DISCHARGE M V I E W  BOARD HEARING RECORD 

1 NAME OF SERVICE MEMBER (LAST, FlRST MIDDLE INITIAL) 

GRADE 

AFSNlSSAN 

X 
ADDRESS AND OR ORGANlZATlON OF COUNSEL 

RECORD REVIEW 

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MEMBER SITTING 

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OTHER 

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1  I  ORDER APPOINTING THE BOARD 

APPLICATION FOR REVIEW OF DISCHARGE 

BRIEF OF PERSONNEL FILE 

PERSONAL APPEARANCE 

HEARING DATE 

1  08Sep2004 

CASE NUMBER 

FD-2004-00197 

Case heard at Washington, D.C. 

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

SAFIMRBR 
550 C STREET WEST,  SUITE 40 
RANDOLPH AFB. TX 78150-4742 

SECKETARY OF THE AIR FORCE PERSONNEI. COUSCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

L 

AFHQ FORM 0-2077, JAN 00 

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(EF-V2) 

Previous edition will be used 

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUhlBER 

FD2004-00197 

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GENERAL:  The applicant appeals for upgrade of discharge to honorable, to change the reason and 
authority for the discharge, and to change his reenlistment code. 

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, change of reason and authority for discharge, and change of 
reenlistment code are denied. 

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

Issue 1.  Applicant was discharged  for drug abuse and contends he was punished too severely.  During the 
enlistment under review, member received an Article  15 for marijuana use after his specimen from a 
consensual urinalysis tested positive for THC at  165 nglml, well above the DoD cut-off of 15 nglml.  At the 
time of his discharge, 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.  The Board noted that because drug abuse is not compatible with Air Force standards, the 
characterization of service he 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  claimed he was innocent of the charges.  Applicant offered no actual evidence at the 
time of the discharge, or now, to disprove the presence of the illegal metabolite in his system, or to impugn 
the integrity of the drug testing process.  Results of subsequent negative drug tests are insufficient to lend 
credibility to this contention.  Therefore, the Board finds it without merit.  Furthermore, the Board was not 
persuaded by applicant's  inference that he failed to filly use the options available to him to prove his 
innocence at the time of the Article  15 and subsequent discharge. 

Issue 3.  Applicant contended his counseling regarding the negative impact of the discharge and about his 
transition to civilian life was inadequate.  The Board noted that Capt B, an Area Defense Counsel, assisted 
applicant for both his Article 15 proceeding and his administrative discharge processing.  Applicant signed 
statements acknowledging military legal counsel was made available to him and that he consulted counsel. 
At the time of the discharge processing applicant acknowledged he understood the specific basis for the 
discharge, had been counseled regarding his rights and options, and waived his right to submit further 
statements in his own behalf.  There is no evidence the applicant's  rights were violated in any way.  In view 
of the records, the Board concluded this contention was also without merit, and that member was 
adequately represented throughout the administrative proceedings.  The fact that the results of legal counsel 
or actions taken were not as he desired or expected does not constitute inadequacy. 

Issue 4.  Applicant contends that he should not be penalized indefinitely due to the adverse nature of his 
discharge.  This contention is unfounded.  The discharge regulations clearly gave his chain of command 
authority to recommend administratively discharging him based on unsuitability for further military service 
as a result of his serious misconduct.  Facts and circumstances are different in each action and must be 
judged on a case-by-case basis.  In doing so, a commander must consider the seriousness of the misconduct 
and how a member's  retention might affect good order, discipline, and morale, not just  the member's  past 
record of service or rehabilitative potential.  They must focus on conduct during the current enlistment, and 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Wright-Patterson AFB, OH on 
11 Mar 96 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge, to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 29 Sep 75.  Enlmt Age: 18 9/12.  Disch Age: 20 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-95,  E-84,  G-74,  M-58. PAFSC: IN031 -  Intel Operations 
Apprentice. DAS: 28 Feb 95. 

b.  Prior Sv: (1) AFRes 26 May 94 -  26 Jul 94 (2 months 1 day) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 27 Jul 94 for 4 yrs. Svd: 1 Yrs 7 Mo 13 Das, of which 

AMS is 1 Yr 7 Months 13 Days (excludes 1 day lost time). 

b.  Grade Status:  AB -  22 Jan 96  (Article 15, 22 Jan 96) 

AMN -  27 Jan 95 

c.  Time Lost:  1 NoV 95 (1 day). 

d.  Art  15's:  (1) 22 Jan 96, Wright-Patterson AFB, OH -  Article 112a. 

You, did, on or about 27 Oct 95, wrongfully use 
marijuana.  Reduction to AB, and suspended forfeiture of 
$199.00. (No appeal) (No mitigation) 

e.  Additional: LOR, 13 NOV 95 -  Failure to go. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM, AFOEA. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (9) Mos  (14) Das 
TAMS:  (1) Yrs  (7) Mos  (12) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 24 May 04. 

(Change Discharge to Honorable, Change the RE Code, Reason and Authority for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Form 2 14  (Member-4) . 
3. Two Certificates of Recognition. 
4. Certificate of Appreciation. 
5 .  Bachelor of Science Degree. 
6. DD Form 214 (Member-1) . 

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APPLICATION FOR THE REVIEW OF DISCHARGE & SEPARATION CODE 

ADDENDUM TO DD FORM 293 

# 6.  ISSUES: WHY AN WDGRADE OR CHANGE IS REQUESTED AND JUSTIFICATION 

FOR THE REQUEST 

INTRODUCTION 

There is no comparable credential for which I am as proud of as my Air Force career and 

accompanying achievements and awards.  By all accounts my service was faithful and honest. 

Now that I have graduated from law school, I would llke to be able to fully leverage my proud 

service. Based on several misunderstandings surrounding the circumstances of my discharge, I 

respectfully request the Board to take the following action: 

Grant an upgrade of my discharge from Under Honorable Conditions (General), to 

Honorable; and 

Remove "Misconduct"  as the reason for separation and change the accompanying 

separation code to one that is more general, such as miscellaneous, early release, or to 

attend school. 

Change my reentry code to one that would enable me to work as a Judge Advocate 

upon graduation from law school. 

The requested action is based on fairness under the ~ircumstances and to more properly reflect 

the true character of my military service. I do not request and will never seek any back pay or 

reinstatement. 

FACTUAL BACKGROUND 

Military Service 

I enlisted in the United States k r  Force in the summer of 1994, at the age of 18, just afier 

graduating from High School.  (See E h b i t  A:  Certificate of Release).  I spent the normal time 

in basic training at Lackland Air Force Base and received training for Intelligence Operations at 

Goodfellow Air Force Base where I received two Certificates of Recognition: one for academic 
achievement and one for most valuable team member.  (See Exhibits B & C).  I was ultimafely  . 

stationed at Wright-Patterson Air Force Base where I served on the 24-hour Watch Team with a 

top-secret security clearance.  During that time, I served in support of Operation Desert 

Shield/Storm and in direct support of the fustorical Balkan Peace Talks.  (See Exhibit D). 

My position on the 24-hour watch team always provided me with two days off per week. 

My hometown and cl'ose family and friends were approximately a two-hour drive from Wright-  4 

Patterson so I often visited them on my days off  On one occasion, a fellow airman called in sick , 

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so I was needed to work on my day OR but I was away from the base at that time.  Because of 

this, I was found to be AWOL. 'Luckily, my commander and supervisors were otherwise 

accommodating and assured me everything would be okay and this would only be a minor bump 

in my career.  I consented to a voluntary urinalysis in connection with the being found AWOL. 

I was told that my urinalysis was positive for marijuana.  I denied taking the drug.  A. 

subsequent search of my belongings and my barracks turned up nothing.  Significantly, a second 

and third urinalysis came back negative.  I had a great deal of support from my commander who 

allowed me to continue to work at the National Air Intelligence Center, even though my security 

cleaance was temporarily revoked.  My commander informed me that I might be discharged or, 

2  /- ,' j? 

if I wanted, he might be able to keep me in if I wanted.  I mformed my commander that I would 

prefer not to be discharged, but would do whatever he thought best: 

A 

Ultimately, my commander informed me that it would be best for me to accept a 

Qscharge, and that I would receive no punishment whatsoever, and he encouraged me to pursue 

a civilian career in medicine or law (two professions my commander knew I was interested in). 

Based on this trust in my commander, I accepted hls offer and was discharged on March 1 1, 

1996. I was told that my discharge was not punitive.  I was not informed that I had any right to 

apply for a change in discharge or separation code.  I just learned this year that I am allowed to 

do so and feel that, given the circumstances, justice supports'such action. 

The circumstances surrounding my last weeks in the Air Force was marked with 

irregularities, with no advice on transitioning into civilian life, and only misleading assistance as 

to the meaning of my discharge, and imprecise information about the ramifications of requesting 

to remain the military. 

Civilian Life 

After being dischared, I immediately applied for, and was accepted to college. I have 

since graduated with honors receiving a Bachelor of Science degree in business fiom Indiana 

University.  (See Exlubit E).  I was then accepted to Northeastern University School of Law, 

where I am set to graduate on May 28,2004.  During my law school tenure, I interned for two 

highly respected government offices:  (1) for a Massachusetts State Senator and (2) for a United 

States Circuit Court Judge.  I am now considering applying to several full-time positions, many 

of whlch I would like to emphasize my proud military service, rather than brush it under the rug. 

This feeling of stressing my military background is especially intense given the current state of  ' 

,  / )  

America as country in need of pervasive patriotism.  I pray this Board will correct my record by 

granting me a discharge upgrade to properly reflect my military service as Honorable. 

JURISDICTION 

This Board has the authority to grant a discharge upgrade and change in separation code, even in 

regards to a discharge in 1996 where the service member just reasonably discovered h s  right to 

apply to the Board. 

1.  I Request The Board Upgrade My Discharge and Change the Separation Code and  ' 

Narrative Reason Based Upon the Irregularities and Imprecise Information I Relied 

Upon During My Separation Process. 

I was informed that accepting the General Discharge would be the best course of action 

for me, especially since I wanted to go to college.  I agreed, but not before requesting to remain 

in the Air Force.  My cokander'informed me that I might be able to remain in the Air Force - 

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and even get my security clearance back.  I relied upon this advice, but was later told that I 

should accept the discharge.  Unfortunately, my record shows that my separation is classified as 

"involuntary."  I was never informed that accepting the General Discharge was involuntary and- 

, 

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would have negative ramifications on my record.  Had I k n o w  that my separation would be 
characterized as "involuntary,"  I would have not made an effort to try and remain enlisted.  In' 

fact, I was told that my separation was in no way punitive in nature.  I retied upon this advice, 

but now understand that it was incorrect.  This administrative discharge paints my service recorb! 

as one marred by a single incident, where I subsequently tested negative for all drugs. 

-- 

My DD Form 214 (See Exhlbit A) shows that I was discharged for "misconduct."  Upon 

separation, I was told not to worry about that explanation because I could just  submit the 

alternative DD Form 214 that does not show this information.  (See Exhibit F):  I was not told 

that I had a right to request an upgrade and only recently discovered this option.  Therefore, 

despite the fact that I was discharged eight years ago, it is in the interests of fairness and justice. 

that this Board upgrade my discharge and change my narrative reason for separation. 

My separation did not involve the routine counseling that service members often get  - 

regarding their discharge and transition into civilian life.  Rather, I was given quick, summary 

advice that I relied upon, but which led me to believe my discharge properly reflected my 

service.  1 am proud of my life before, during, and after the Air Force and my above-cited 

achevements and awards are currently tarnished by an unfair General Discharge with an overly 

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harsh narrative reason for separation. 

The only advice I received was that (1) I should accept the discharge; (2) that my only  ,, 

punishment would be the Article 15 for being AWOL, a reduction in rank, and a loss of the G.I. 

Bill; and that (3) a ~ e n e r a l  Discharge is not punitive.  In reality, I did have some discretion on 

whether or not to accept the discharge and should have been informed on the ramifications of 

giving a preference, i.e., that it would result in an "involuntary" separation.  At the very least, I 

should have been given correct advice on my rights to apply to this Board, including the standard 

transitionary advice that all senice members receive upon discharge. 

In a time where serving in the military is needed and respected lrke never before, I wish 

to display my distinguished service to all people I encounter in life.  I h o p  this Board takes the  ' 

requested action and makes my record more accurately reflect the true character of my military 

service. 

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2.  I Request The Board Take the Above-Requested Action Where the Record Shows . 
That All Subsequent Urinalysis Tests Were Negative and To Properly Reflect the 

True Nature of MY Military Service. 

Ln  addition to being gven only substandard advice, and often, incorrect or no advice at 

all, I respectfully request this Board upgrade my lscharge because subsequent urinalysis 

examinations turned up negative.  My 20 months of service exemplified outstanding academic 

achievement and quality teamwork collaboration.  (See Exhibits B & C).  I understand that my 

request is by no means automatic all^ granted, nor should it be.  That being said, this is the exact 

type of situation - one involving a young airman with othenvise exemplary service - in which 

this Board should grant a discharge upgrade.  I have already been punished by leaving the 

military early, being reduced in rank, losing the G.I. Bill, and receiving an Article 15. 

As a proud veteran, and now a college graduate and soon-to-be attorney, I respectfully 

request that this Board (1) upgrade my discharge; (2) change my separation code and narrative 

1 

reason for separation; and (3) change my reentry code to allow me to apply for a Judge Advocate 

position once I graduate from law school; or (4) any one of the foregoing actions based on the 

Board's  decision. 

Thank you for your kind consideration. 

DEPARTMENT OF THE AIR FORCE 

AIR INTELLIGENCE AGENCY 

FEB  2 3 896 

MEMORANDUM FOR 

FROM:  NATC/CCQ 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct - Drug 
-4buse. 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 Under Honorable Conditions 
(General) or Honorable.  I am recommending that your service be characterized as Under 
Honorable Conditions (General). 

2.  My reasons for this action are: 

a. On or about 3 1 Oct 95 you failed to go for which you received a Letter of Reprimand 
on 14 Nov 95 and an UIF was established. 

b.  On or about 27 Oct 95, you wrongfblly used Marijuana, for which you received an 
Article 15 punishment of reduction to the grade of El and forfeiture of $199.00, 
suspended until 22 Mar 96. 

3.  Copies of the documents tobe forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authorii -will decide whether you will be discharged or retained in the Air Force  If you are 
discharged, you wiIl be ineligible for reenllstmcnt in the ,hr Forc?. 

4.  You have the right to consult mut~sel. Military iesa1 counsel has been obtained to assist you 
he .kea Defense Counsel's ofice, 
I have.made.an appointment for you to consul 
Building 268, Area C, Wright-Patterson AFB OH, Telephone 77841 on 23 Feb 96 at 1030.  You 
may consult civilian counsel at your own expense. 

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  28 Feb 96 unless you request and receive an 
extension for good cause shown.  I will send them to the separation authority. 

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. 

"Freedom Through Vigilance" 

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FD -v- 

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scheduled for a medical examination.  You must report to 74 Medical Group, 

Aerospace Medicine, Building 830, Wright-Patterson AFB  OH at 0800 on 27 Feb 96 for the 
examination, and 29 Feb 96 at 0820 with Physician Assistant H a m  

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8.  Any personal information you hrnish 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. 

1.  Art  15, 1 Jan 96 
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2 . M s g  
3.  CCQ Input 
4.  AFForm 2745 
5.  Msg 01 1452zdecB 
6.  UIFLOR 13 Nov 95 
7.  Nonrecornmendation for Prom 1tr 
8.  Report of Inquiry, 3Nov 95. 

4