HARGE REVIEW BOARD HEARING RECORD 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANJZATION 

1 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANIZATION OF COUNSEL 

MEMBER SITTING 

* * 

- 
TYPE GEN 
" 
No 
X 

YES 

ISSUES  A93.17 
A92.21 
A94.05 

HEARING DATE 

17 Aug 2005 

CASE NUMBER 

FD-2005-00038 

Case heard at Washington, D.C. 

1  I  ORDER APPOINTING THE BOARD 
2  1  APPLICATION FOR REVIEW OF DISCHARGE 

LETTER OF NOTIFICATION 

I 

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. 

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

AFHQ FORM 0-2077, JAN 00 

I 
(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR,  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00038 

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: 

Issue 1.  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the 
applicant received an Article 15 for wrongful use of marijuana.  The board noted the applicant was age 19 
when his misconduct occurred, essentially the same age as other airmen who complete their enlistments 
without disciplinary infractions, and there was no evidence he did not know right from wrong.  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. 

Issue 2 & 3 pertains to applicant's allegation of inadequate counsel and loss of benefits.  These issues are 
without merit.  Member was appointed counsel and consulted counsel. No inequity or impropriety in his 
discharge was suggested or found in the course of the hearing. The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

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,  M D  

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr Dyess AFB, TX on 24 Feb 04 UP 
AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Jan 84.  Enlmt Age: 18 1/12.  Disch Age: 20 1/12. Educ: HS DIPL., 

AFQT: N/A.  A-84,  E-84,  G-86,  M-86. PAFSC: 2S031 -  Supply Management 
Apprentice. DAS: 4 Jan 03. 

b.  Prior Sv: (1) AFRes 25 Feb 02,- 02 Sep 02 (6 months 8 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 3 Sep 02 for 4 yrs. Svd: 1 Yrs 5 Mo 22 Das, all AMS. 

b.  Grade Status:  AB -  31 Dec 03  (Article 15, 31 Dec 03) 

Amn  -  3 Mar 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 31 Dec 03, Dyess AFB, TX -  Article 112a.  You, did, on 

or about 25 Nov 03, wrongfully use marijuana.  Reduction 
to AB.  Forfeiture of $575.00 pay per month for 2 
months.  Forty five days restriction (remitted).  Forty 
five days extra duty.(Appeal/Granted)(No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  AFTR, NDSM. 

i.  Stmt of Sv:  TMS:  (1) Yrs  (12) Mos  (0) Das 
TAMS:  (1) Yrs  (5) Mos  (22) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 18 Jan 05. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. DD Form 214. 
2. Applicant's Issues. 
3. Four Character References. 

my circumstance, and may also consider upgrading my discharge. 

I received a general discharge, fiom the United States Air 
ly drug use. I write this letter in hopes that you may understand 

I will attempt to explain this very complicated story in three parts. 1. The events leading up 
to my drug use. 2. Events that took place throughout the process of my discharge. 3. How I am 
currently living, and how this discharge has affected me. 

1. I in no way wish to pass responsibility of my actions on to circumstance or fate. I 

acknowledge the mistake that I made, but hope that you may look beyond the mistake itself 
and understand why I did what I did. 

My trouble in the Air Force began around July of 2003. I was deployed to Diego Garcia in 
support of Operation Iraqi Freedom and Operation Enduring Freedom. I was with the supply 
unit responsible for running the warehouse. It was a deployment full of long hours and a 
physically challenging work schedule. Our Chief of Supply was a Senior Master Sergeant. He 
was at the point in his career that if he did not make Chief Master Sergeant, he would be forced 
to retire. My self and supervisors included, saw this as his last chance to make an impression, 
his last chance to do things right and get his promotion. His actions supported this belief. We 
were continuously ordered to arrange and re-arrange our warehouse. We had adequate space, 
the building fulfilled our requirement, but we still were required to do many tasks that were felt 
to be unnecessary. A majority of the work we did was not out of necessity or functionality, it 
was a matter of completing tasks that would look good for promotions, we did work for the 
sake of doing work. We worked 12 hour shifts, three days on, one day off. Everyone felt 
rundown, supervisors included, but it didn't matter. Everyone in our group had a complaint 
about the type of conditions we were working in, but no matter what problem was brought to 
our Chief of Supply, nothing changed. It was apparent to us that we were no longer serving the 
mission, we were serving the interests of our Chief. Please do not misinterpret, I do not make it 
a practice of complaining or running fiom hard work. I take pride in the hard work that I do. 
What I do have a problem with though is working hard for something that does not need to be 
done. If it is not broken don't fix it. 

It was in the August / September timefiame in which I suffered an injury to my lower back 

during one of our particularly strenuous days. We were having a major swap-out of our 
bombers. We had both planes, and support equipment coming in and going out. It was on one 
of these days that our chief decided to expand our duties. He had us down on the airfield, 
building pallet trains, loading and securing cargo. We were supply troops, we had absolutely 
no training in this. He new this, and his answer was to trade a civilian that worked down there 
goods for some training. The individual he found was a Phillipino who could not speak 
intelligible English. To make this short, we spent all day trying to get this cargo ready to be 
loaded on the planes, only to have an individual fiom Quality Assurance come over and say 
that everything we just finished would have to be done over because neither himself or the 
crew chief would allow those items secured in that manner aboard the plane. It was a day 
wasted doing something that our Chief new that we were not qualified to do, a day where at 
some point I incurred an injury to my back, doing something that I should not have been doing. 

After this incident I began experiencing extreme pain and loss of mobility in my lower 

back. I went to Flight Medicine and explained that I was having some problems. Without even 
looking at my back I was given Motrin and told to take it easy. A few days later, the pain had 
not dissipated so I went to a different clinic. I explained again what had happened, and the 

doctor this time put me on a profile to prevent me fiom lifting and also gave me some muscle 
relaxers. A few weeks later, my condition had still not improved so I went again to the clinic, 
seeking aid. The doctor told me he really wasn't  sure what the problem was, so he gave me 
more meds and told me to just  give it more time. Time did not help. My deployment ended 
towards the end of November, and fiom then on I began experiencing more pain. After 
returning to home station I went to the doctors on base for help. This time they said that I could 
probably use physical therapy, to improve the condition, but as far as the pain went, all he 
would give me was Motrin. I explained this was not helping me, but that was all he would give 
me. I was frustrated to say the least. It had been months since I first hurt my back, and after all 
this time with no improvement, I still was not able to receive anything to help manage the pain. 
The Motrin I was taking only made me sick and did nothing for my pain. Every day during my 
lunch, I could not go and get something to eat, I had to go to my dorm room to lay down 
because the pain was so extreme. This was the point at which I began self medicating. 

I was at a fi-iends house, he new of my situation, and he said that he had something that 

would help. He told me that he had some marijuana. Now what did I know about this? I new 
that it was wrong, I new that by joining the United States Air Force, this was something that I 
had made the commitment not to do; but I also new how this drug helps. I have a father that 
has battled cancer for over 14 years now, who has lived his life in more pain than ever hope to 
understand. He was prescribed a synthetic  form of marijuana, Marinol. I knew what kind of 
relief this drug could offer. I knew that there are natural receptors for Tetra Hydro Cannibinol 
(aka THC which is the active chemical in Marijuana) in every persons body, even if you have 
never used this drug. I knew that there is a connection with the reception of this chemical in the 
brain and the brains reception of pain. I knew marijuana could be used medicinally for pain 
management. At  this point I did not know what else to do. I had gone to doctors over and over 
again for aid; aid that I did not receive. I couldn't deal with the pain any longer; doctors did not 
offer help, so in my mind I decided I would have to help myself. Was it wrong, yes. Was it my 
position to self prescribe medications, no. I should have continued my pursuit for help through 
the correct channels, but I didn't. At the time I felt helping myself was the only option. 

Why did he choose marijuana you may be wondering? It was not because there was some 
addiction to it, it was not because I just wanted to get high. It was because that was the only 
form of relief I had available to me. I look back and wonder, "What  if?" What if I had known 
how to get some other pain killer? What If I had been caught using a mainstream prescription 
drug? Now I knew a handful of folks that had been caught using prescription drugs, in the past, 
simply for recreational purposes. What happened to them? Letter of Reprimand, and a few 
addiction classes. This was the general punishment for recreational use of un-prescribed drugs. 
I honestly feel that if I had been involved with another prescription drug, the situation would 
have been looked at in an entirely different way. It would have been easier for the Powers that 
Be to believe that I simply had a problem with pain management. That would have made sense. 
As we all know, marijuana has been widely understood as being a recreational drug, a drug 
with no medicinal qualities. I said I used pot for pain relief, and I am sure everyone believed 
that was just an excuse. Even though modern medicine has begun to show what benefits can 
come fiom this all natural drug, what type of relief cannabis can offer to cancer patients, 
glaucoma patients , aids patients. Am I trymg to categorize my self with these types of cases, 
absolutely not, their pain is much worse. The point is that this a drug is available in the medical 
field, and it does serve more of a purpose than just accommodating a good time. If I believed 

their was some other option available to me, I would have taken it, but this was it. This was, in 
my mind, the only relief in sight. 

I found relief, but that did not stop me from going after help the right way. I continued to go 

to the doctors on base. Unfortunately I did not begin receiving the help I needed until after I 
helped myself. They did eventually though see the need for pain killers as I had. It was after I 
was caught using marijuana, that I began receiving medications fiom the clinic. I first given 
codeine, a narcotic, but that did little to relieve pain. They began trying different combinations 
of prescriptions including, Vioxx with Codeine, Codeine and Motrin, Darvaset (also a 
narcotic), and finally Tramadol (an aggressive pain killer). This is also when I began physical 
therapy. I went three times a week, receiving sonogram, electro stimulation, and also massage 
therapy. It was around 3 or 4 moths since the injury and nothing was better. I finally went to a 
civilian doctor, and explained the situation. He could not believe that after all of my visits, and 
after all this time, not one of the doctors I saw ever requested x-rays or an MRI. He did put in a 
request for me, and I did receive both x-rays and an MRI. The MRI showed that there was a 
disc protrusion that was putting pressure on my spinal cord, which was an explanation for the 
extreme pain. There was an issue there that doctors on base had not  properly addressed. There 
was an injury, there was an explanation for the pain, and there was a need for painkillers. This 
was not some story I made up to stay out of trouble. Everytlung is documented in my medical 
records. I should not have self medicated, but I should have received medications fiom the 
doctors when I needed it. 

2.The second part of my story is what took place during my discharge process. I was 
caught using marijuana at another airman's house who had been under investigation. After 
becoming involved with Operations of Special Investigation (OSI) it became necessary to go to 
the Area Defense Council for representation. Because there was only lawyer, and both myself 
and the other airman required representation, they were only able to help him due to conflict of 
interest. That being said I was appointed council that was located at a different base in a different 
state. Any council I received had to be done over the phone or through  e-mail. I had much 
paperwork that was needed for the Article 15 I received and also for the actual discharge. I did 
not have enough time to prepare what was needed. I explained this to my First Sergeant but did 
not change the amount of time I was given for preparations. Needless to say everything had to 
put together in a hurry so that it could be faxed or e-mailed to this other base for review, and then 
sent back for corrections. My second problem that I found with my council was the matter of my 
back problem. I explained the problem I had and the severity of the situation. I asked if there was 
anything that could be done to possibly receive a medical discharge. I was told that it was best to 
accept responsibility for what I did, and not give excuses. He also said that it would be best not 
to pursue a medical discharge, which I went along with in part because I didn't know better and 
also because I did not want any kind of discharge. I wanted to remain in the military. I put 
together a request to my commander requesting that I be allowed to continue my service with the 
military. I explained my impeccable work history. I began working in our base'  s  Equipment 
Liaison Office as an E-1. This position was normally reserved  for Senior Airman or above. It 
was a challenge but 1 leaned the job and excelled in it. I explained how I had not received any 
negative paperwork or counseling. I explained how I just returned from deployment with no 
negative paperwork, and that I received a Letter of Appreciation for my support of Operation 
Iraqi Freedom  and Operation Enduring Freedom. I told my commander of what kind of airman I 
was. How I did volunteer work the local Dyess We Care Team, Habitat for Humanity, various 

fund raisers, and was also volunteering my lunch breaks at a local junior high school working 
with students that needed extra help with reading. I also submitted numerous Character Letters 
from current and past supervisors, and also others who had worked with me and could attest too 
my character. There is a list of requirements you must meet to be eligible for a waiver for drug 
use. I explained how I met these requirements, and requested that my commander put in a 
request for this waiver. He did not. Later on I found out that my commander col.d(lLwas 
about to lose his command around the time I was being discharged. He has since lost his 
command. I also found out that our base commander was about to loose his command, which he 
has. I feel this is a major reason that my request was not considered. To many people that would 
have to make that decision were on the verge of  losing their commands; I feel that they did not 
want to take any risks. I feel this was a major reason my situation was handled the way it was. 

3.1 was discharged under general for misconduct. When I left I lost all of my medical 

benefits. I had to stop my physical therapy, and was not able to receive my medications. I had 
know way to support myself. I had a back injury which still prevents me from doing any kind of 
physical labor. All of the jobs that I had prior to the military were well paying but physically 
demanding jobs. I had to try and get a job that I had little experience in. It was over three months 
after my discharge that I was able to find a job. I was fired fiom that job only three months later 
because I was having to go to so many appointments to the V.A in trying to receive benefits and 
most importantly treatment. Since my discharge I have begun receiving disability, I only have a 
10% rating but have put in a request to have that increased based on the fact that my condition 
has gotten worse. I am still fighting to have this problem taken care of. The first time I went to 
the V.A clinic, I explained that I injured my back almost a year ago, and that the pain was getting 
worse. He gave me same pain killers, asked me not to use them so much, and come back in six 
months. I have treated my back as I was instructed, and because of doing what I was told, my 
back is continuing to get worse. The doctor has recognized this, and has finally put in a request 
to allow be to once again go through physical therapy. I should never have stopped physical 
therapy, but still ten months later I am still waiting to get the treatment that I need. I feel that the 
system has let me down. I feel that I slipped through the cracks. I have begun working with the 
V.A'  s vocational rehabilitation program. They have recognized that I am no longer physically 
able to do the work in which I am qualified for and have accepted me into there program. 
Because of their help I will be attending college. I have begun the enrollment process with plans 
to first receive an Associates Degree, and then plan on continuing to get my Bachelor's Degree 
in Business Management. I am not a bad seed. I have stayed out of trouble, I am going to college 
to better myself, and also to become a contributing member of our society. It is hard enough to 
find a job in today'  s economy. It is even harder to find one when you have a disability, and also 
a discharge for misconduct. 

I ask that you really look at my situation and understand what I have went through. Please 
consider upgrading my discharge. I feel that I have been punished enough, I just want to go on 
with my life know. I want to better myself and achieve e v e w n g  that I am capable of, but I feel 
that the categorization of my discharge will hold me back from excelling to my full potential. 

I thank you very much for both your time an 

DEPARTMENT OF THE AIR FORCE 

7TH LOGISTIC READINESS SQUADRON 

DYESS AIR FORCE BASE, TEXAS 

SUBJECT: Notification Memorandum 

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, Chapter 5, section H, paragraph 5.54. 
If your discharge is approved, your service will be characterized as honorable or under honorable 
conditions (general).  I am recommending that your service be characterized as under honorable 
conditions (general). 

2.  My reason for this action is:  You did, on or about 25 Nov 03, wronghlly use marijuana.  For 
this misconduct you received Article 15 punishment, as evidenced by AF Form 3 070, dated 3 1 
Dec 03 

3.  Copies of the documents to support this recommendation are attached and will be forwarded 
to the separation authority.  The commander exercising special court-martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force and, if 
you are discharged, how your service will be characterized.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force and any special pay, bonus, or education assistance 
funds may be subject to recoupment. 

4.  You have the right to consult counsel.  Military legal counsel has been obtained to assist 
Area Defense Counsel, 
you.  I have made an appointment for you to consult Cap 
397 3rd St, Bldg 7235, Dyess AFB, TX, DSN 461-4233 on 4 Feb 04 at 1000 hours.  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 0800 hours on 9 Feb 04 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 for a medical examination.  You must report to 7th Medical 
Group Hospital, 697 Hospital Rd, Dyess AFB, TX, on 9 Feb 04 at 0910 hours.  You will need 
to report 15 minutes early for this appointment. 

--- 

1.  Receipt of Notification Memorandum 
2.  AF Form 3070, dated 3 1 
3.  Summary of Investigation 
4.  Sworn Statenient From Amn 

6.  Current Positives ~ e s u l t s  Report, dated 9 Dec 03 
7.  Screening of Medical and Dental Records for Drug Abuse, 
dated 9 Dec 03 

3.  , 
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