AIR FORCE DISCHARGE REVIEW BOARD HEARTNG RECORD 

INITIAL) 

I 

I  1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 
3  1  LETTER OF NOTIFICATION 
4 
BRLEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 
I I  TAPE RECORDING OF PERSONAL APPEARANCE 

HEARING DATE 
15 Jun 2005 

CASE NUMBER 

FD-2005-00001 

Case heard at Washington, D.C. 

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. 

Names and votes will be made available to the applicant at the applicant's request. 

TO: 

SAFMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR,  EE WING, 3 R D  FLOOR 
AM)REWS AFB, MD 20762-7W2 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

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

CASE NUMBER 

FD-2005-00001 

The applicant was offered a personal appearance before the Discharge Review Board @RB)  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. 

ISSUES: 

Issue 1.  Applicant contends discharge was inequitable because it was based on one isolated incident and too harsh. 
The records indicated the applicant was court-martialed and found guilty for drug abuse, specifically, use of 
psychedelic mushrooms.  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. 

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 misconduct of the applicant appropriately characterized his term of service. 

Issue 3.  The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB noted 
that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 3 1 Mar 97) that he 
understood he must receive an Honorable discharge to receive future educational entitlements.  The Board was 
sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or 
impropriety which would warrant an upgrade. 

Issue 4.  Applicant contends that he met the seven retention criteria listed in AFI 36-3208, paragraph 5.55.2.  However, 
he failed to prove he met step 3, which states drug abuse does not involve recurring incidents (aside from the 
experimentation).  Member admitted to using mushrooms on two occasions.  Additionally, he failed step 6, which 
states the member's continued service in the Air Force is consistent with good order and discipline.  The applicant's 
commander believed retaining the member would have an adverse affect on his command and; therefore, he 
recommended the member for discharge, which is the commander's prerogative.  The DRB concluded that the 
characterization of the applicant's discharge was appropriate due to the misconduct. 

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 

ANDREWS AFB,  MD 

(Former AB)  (HGH AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd  a GEN Disch fr McGuire AFB, NJ on 12 Apr 00 
UP AFI 36-3208, para 5.54  (Pattern of Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 25 Nov 76.  Enlmt Age: 20 1/12.  Disch Age: 23 4/12. Educ: HS DIPL. 
AFQT: N/A.  A-92,  E-89,  G-96,  M-96. PAFSC: 33731 -  Fire Protection Apprentice. 
DAS: 19 Sep 97. 

b.  Prior Sv:  (1) AFRes 31 Dec 96 -  18 Mar 97 (2 months 16 days) (~nactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 19 Mar 97 for 4 years Svd: 03 Yrs 00 Mo 26 Das, all AMS. 

b.  Grade Status:  AB  -  17 Feb 00 (SPCMO No. 1, 13 Mar 00) 

A1C -  19 Jul 98 
AMN  -  19 Sep 97 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: None. 

f.  CM:  Special Court Martial Order No. 1 -  13 Mar 00. 

Charge:  Article 112a.  Plea:  Guilty.  Finding:  Guilty. 

Specification:  Did, within the territorial limits of the US, on 
divers occasions on or about 1 Apr 98 to on or about 30 April 98, 
wrongfully use psychedelic mushrooms. Sentence adjudged on 17 Feb 
00.  Reduction to AB. 

g.  Record of SV: 19 Mar 97 -  18 Nov 98  McGuire AFB  5  (Initial) 
19 Nov 98 -  18 Nov 99  McGuire AFB  4  (Annual) 

h.  Awards &  Decs:  AFTR, AFOUA ~ / 2  BOLCS, AFGCM. 

i.  Stmt of Sv:  TMS:  (03) Yrs  (03) Mos  (13) Das 
TAMS:  (03) Yrs  (00) Mos  (26) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 4 Jan 05. 

(Change Discharge to Honorable) 

Issue 1:  ISSUES ATTACHED TO BRIEF 

ATCH 
1 -  Applicant's Issues. 
2 -  Military Records. 
3  -  Certificate of Adoption of Son. 
4 -  Congratulatory Letter for Completing Bsic Firefighting Training Program. 
5 -  Twenty Certificates of Training. 

II. Attachment #1 

6. ISSUES:  WHY AN UPGRADE IS REQUESTED AND JUSTIFICATION FOR 
THE REQUEST 

I am currently a firefighter for the City of Middletown in Orange County, New 

York.  As you will see in the enclosed documents, I have always wanted to be a 
firefighter and I love my job.  I was appointed to my current position on 11 Mar 2002 and 
am only the 99& person to wear this badge since 1882. 

At this time in my employment, I am close to a degree and I wish to improve on- 
the-job performance by continuing my education  With my current character of service 
(General), I am unable to use Montgomery G.I. Bill benefits.  If my discharge is 
upgraded, I will be able to get benefits enabling me to pursue a Bachelor's degree and 
work towards a promotion to Lieutenant. 

On  12 April 2000, I was discharged based on one isolated incident in 37 months 

of service with no other adverse action. 

In a special court-martial held on 17 February 2000, I pled guilty to wrongful use 
of mushrooms.  In accordance with my plea,  I was convicted and sentenced to reduction 
to the grade of E-1.  The people that know me best described my bravery, duty 
performance and positive attitude.  They spoke of how much I loved the Air Force and 
why I should have been given a second chance.  I trust that you will read this in the 
enclosed documents.  The members of the jury decided on that day that I should be 
allowed to continue to serve my country in the United States Air Force.  Unfortunately, 
my unit commander did not.  I requested clemency in March of 2000 but my request for 
retention was declined by the unit commander.  Enclosed documents will show my Air 
Force record was stellar.  The incident for which I was discharged occurred nearly two 
years before I was disciplined and has not recurred to date.  It was, indeed, a one time 
incident. 

I believe the sentence adjudged on 17 February 2000 was fair.  If the jury had its 

way, I would still be serving my country as a firefighter in the Air Force today.  I 
admitted my mistake exemplifying the #1 Air Force core value, Integrity. 

I was recently celebrated my second wedding anniversary, adopted a wonderful 

son, and bought my first home.  My little brother recently enlisted in the Air Force 
Delayed Entry Program and leaves for Basic Training in 2005.  I was incredibly proud of 
his decision and I know he will succeed in his chosen career field.  He knows of my 
situation and I am grateful that he gets to learn a lesson through me. 

It is my understanding that there are procedures to be followed when 

administratively discharging an airman.  I have read Air Force Instruction 36-3208 and I 
understand that although I was ineligible for probation and rehabilitation in accordance 
with Chapter 7, I did meet the seven retention criteria outlined in section 5.55.2.  On the 
following pages, I will outline those seven criteria and show evidence provided at my 
court martial that proves that my continued presence in the Air Force was consistent with 
the Air Force in maintaining proper discipline, good order, leadership and morale.  If it 
wasn't, the jury would have discharged me.  You must know that my desire all along was 

not to lie to anyone, or to get away with anything, but only to serve my country in the 
United States Air Force. 

In conclusion, I know that I made a mistake and I know that I deserved 

punishment.  I feel the punishment recommended by the jury fit the crime.  After my 
discharge, it took me nearly a year to get back on my feet.  I was crushed.  The fact that I 
did get back up is what makes the difference here.  I still have a great attitude about the 
Air Force and about my future.  I only want to be the best firefighter I can be.  I want to 
do the best job I can for the residents of the City of Middletown.  Allowing me to receive 
Montgomery G.1 Bill benefits will allow me to do that.  I thank you for your time and 
appreciate your considering my application. 

Sincerely, 

III. Attachment #2 

5.55.2  Retention Criteria and Consideration 

5.55.2.1  A member found to have abused drugs will be discharge unless the member 

meets all seven of the following criteria: 

5.55.2.1.1  Drug abuse is a departure from the member's usual and customary 

behavior. 

It was stated many times during my trial by respected members of the McGuire 
Air Force Base team that this was a d 
behavior.  First, it was stated by MSgt 
of Trial.  It was also stated by my 
Assistant Fire Chief on page 43.  Many of the character reference letters fiom 
the people who know me best prove this. 

usual and customary 
on page 24 of my Record 
age 32 and by the 

5.55.2.1.2  Drug abuse occurred as a result of drug experimentation 

I can assure you that until April 1997, I had never tried psychedelic mushrooms 
and have not since.  A drug experimenter is defined as one who has illegally 
or improperly used a drug for reasons of curiosity, peer pressure, or other similar 
reasons.  I believe it was a combination of curiosity and peer pressure that caused 
me to experiment with mushrooms. 

5.55.2.1.3  Drug abuse does not involve recurring incidents, other than drug 

experimentation as defined above. 

During the stipulation of facts, I stated that in April of 1998, 
myself went to the Jersey shore and purchased psychedelic 
that night and again several nights later.  Once the mushrooms that we purchased 
were gone, we did not experiment with mushrooms or any other drug again.  I do 
believe that you can experiment with a drug on diverse occasions. 

5.55.2.1.4  The member does not desire to engage or intend to engage in drug 

abuse in the future. 

This one is the easiest one to expand upon and it is closely related to the next 
subsection.  I believe it is fairly obvious that going through this process has 
successfully curbed the appeal of drugs.  I will state it now for the record.  Since 
the incident that I pled guilty to in April of 1998, I have not used any other illegal 
substance nor do I desire or intend to in the future. 

5.55.2.1.5  Drug abuse under all the circumstances is not likely to recur 

5.55.2.1.6  Under the particular circumstances of the case, the member's continued 
presence in the Air Force is consistent with the interest of the Air Force in 
maintaining proper discipline, good order, leadership and morale. 

Who decides what is consistent with the interest of the Air Force? I 
believe that my supervisors and senior NCOs can make this case fbr me. 
My supervisors,the Assistant Chief of the McGuire AFB Fire Department, 
and my co-workers might shed some insight.  The people who know me 
the best h o w  that I love the Air  Force.  They know that I embraced the 
discipline, the core values, showed leadership and morale for wearing the 
uniform.  I ask you to read the letters submitted on my behalf, entered as 
Defense Exhibits B-K.  Also, if you read the testimony of several Senior 
NCOs and supervisors (pages 20-45) who 
felt that I was an asset to the Air Force. 
was in the top 5 airmen that he had seen 

stated that I do not meet this criteria because the commander wanted to 
discharge me.  I highlighted this section because I do not believe that that 
can be a valid reason to end an airman's  career. 

5.55.2.1.7  Drug abuse did not involve drug distribution 

No drug distribution occurred in this instance. 

I believe that I have outlined these seven criteria accurately and have made my 

the enclosed ~ecommendatibn for Discharge letter, 
d in paragraph 3 that he did not think that I met 
. I believe that he was wrong.  I do not feel that 
ead the Record of trial.  I don't think that he tallced to my supervisors.  If 
he did, I feel that he would have seen that I was indeed an asset to the United States Air 
Force, that I made a mistake, showed integrity by admitting my mistake, and fought for 
another chance to do my duty as an American.  In the enclosed legal review, Captain 

tated in paragraph 4 ii, that I failed to meet only numbers 3 and 6 of the 
Number 3 was proven by the fact that after the mushrooms that we 

purchased at the shore were gone, we never again tried them.  The only evidence shown 
for me not meeting number 6 is that ''the  commander wants to discharge respondentyy. It 
is my responsibility to prove that the seven criteria exist.  How can I prove that I am an 
asset to the service if the only response is that the commander wants to discharge me?  If 
I was allowed to continue my service in the Air Force, I would have gotten an honorable 
dischar 
that Co 

d have been eligible for Montgomery G.I. Bill benefits.  I also feel 
classifying my discharge as General was a mistake. 

The definition of a General Discharge in AF Instruction 36-3208 states that the 

service was marred by negative aspects of a person's  duty performance or personal 

conduct AND that the negative aspects definitely outweigh the good.  I do sincerely hope 
that the incident that occurred in April I998 off duty, off base, and out of uniform, does 
not outweigh all that I did on duty, on base, and in uniform.  I don't think it does.  I 
would like the chance to prove that I can still be an asset to the United States Air Force. 
I thank you very much for your time. 

Sincerely, 

DEPARTMENT OF THE AIR  FORCE 

3 0 5 ~  Civil Engineering Squadron 

2 1 M A C  06 

MEMORANDUM FOR AIRMAN BAS1 

. @  

. . 

. . .   ' .  FROM:  305 CES/CC, 

5. ... -:-.%..i.-_. 

> , .-.-U.. I%..i  *. 

-  . .  

.  .  _  , _  . 

_  _, . , . _  _ _ ,  I 

_ 

SUBJECT: Notification Letter 

1. 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 will be characterized 2s geseral. 

2.  My reason for this action is that on 17 February 2000, you were convicted of using psychedelic 
mushrooms. For this offense you were reduced to E-1 (Airman Basic). 

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  make  the  final  decision  in  this  matter. 
If  you  are  discharged,  you  will  be  ineligible for 
reenlistment in the Air Force and will probably be denied enlis'tment in any component of the armed 
forces. 

4.  You have the right to consult counsel.  Military 1 
have made an appointment for you to consult with C 
2906, first floor, on  ZI HAL  aa 
own expense. 

at  I536 

been obtained to assist you.  I 
Area Defense Counsel, at Bldg 
consult civilian counsel at your 

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 t r l  M A C  co  (3 workdays from the date of this 
memorandum) 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. 

7. You  have  been  scheduled 
F ~ M ~ L - /  

\JAL$~J 

,/,ZIICTIE 

for  a  medical  examination. 

You  must 

report 

to 

on  3 1 t - 1 . 1 ~ n ~ a t  I I ~ ~ L S .  

,  8.  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 in the squadron orderly room. 

I 

I 

Attachments: 
1. Special Court-Martial Order  NO.'^,  13 March 00 
2.  Action, 13 March 00 
3.  Airman's Receipt of Notification