AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 
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TYPE UOTH 

GRADE 

A1C 

AFSNISSAN 
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PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

RECORD REVIEW 

X 
ADDRESS AND OR ORGANlZATlON  OF COUNSEL 

YES 

No 

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MEMBER SITTING 

VOTE O F  THE BOARD 

OTHER 

I  DENY 

INDEX NUMBER 

A74.00 

HEARING DATE 

CASE NUMBER 

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EXHIBITS SUBMITTED TO THE BOARD 

1 
2 
3 
4 

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

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22 Aug 2006 
APPLICANT'S %SUE AND THE BOARD'S DECISIONAL RATYONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

FD-2005-00365 

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Case heard in  Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/without  counsel, and the right to 
submit an application to the AFBCMR 

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

*Reason and Authority 

n 

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TO: 

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

lNDORSEMENT 

FROM: 

DATE:  8/24/2006 

-- 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DQ  EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be  used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00365 

GENERAL:  The applicant appeals for upgrade of discharge to general and to change the reason and 
authority for the discharge. 

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 and change of reason and authority for discharge are 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: 

Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh.  He 
contends that if he had taken his case to court, he would have been found innocent and received a general 
discharge.  The records indicated his commander preferred one charge with one specification of wrongful 
distribution of ecstasy against the applicant.  The applicant submitted a request for discharge in lieu of trial 
by court martial.  The records indicated the applicant was fully aware of the consequences of his request for 
discharge and the actions that would be taken by his commander.  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. 

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,  KD 

(Former A1C)  (HGH A1C) 

MISSING DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTHC Disch fr USAF Seymour-Johnson AFB, 
NC on 16 Aug 05 UP AFI 36-3208, Chapter 4  (Triable by Court Martial).  Appeals 
for General and to Change the Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 26 Mar 85.  Enlmt Age: 18 0/12.  Disch Age: 20 4/12. Educ: HS DIPL. 

AFQT: N/A.  A-74,  E-76,  G-66,  M-56. PAFSC: 2A333A -  F-15 Tactical Aircraft 
Maintenance Apprentice. DAS: 5 Apr 04. 

b.  Prior Sv: (1) AFRes 14 Apr 03 -  11 Aug 03  (4 months)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB  12 Aug 03 for 6 yrs. Svd: 02 Yrs 00 Mo 05 Das, all AMS. 

b.  Grade Status:  A1C -  3 Oct 03 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e.  Additional: LOR/UIF/CR, 18 APR 05 -  Unknown  (Missing from file). 

f.  CM:  None. 

g.  Record of SV: 12 Aug 03 -  11 Apr 05 Seymour-Johnson AFB  3  (1nitial)REF 

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

i.  Stmt of Sv:  TMS: (02) Yrs  (04) Mos  (03) Das 
TAMS: (02) Yrs  (00) Mos  (05) Das 

4.  BASIS ADVANCED  FOR REVIEW:  Appln  (DD Fm 293) dtd 13 Sep 05. 

(Change Discharge to General, and Change the Reason and Authority for 

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 

Attachment 

F ~ - s 0 3 & 5 -  

September 13,2005 

To Whom It May Concern: 

My discharge was inequitable because taking my case to court would have proven my 

innocence and a discharge of General Under Honorable would have been granted. 
At the time of filing my Chapter 4 request I was very eager to get out of the military after 8 

months of depression, emotional distress, suicide watch*, harassment at work from fellow 

enlistees resulting from my flight line suspension, and persistent suspicion from the legal 

department and OSI that resulted in further complications in my case. 

OSI failed to follow proper procedure on several accounts where in other cases they 

would normally comply. These failures to comply have been outlined in my Article 32 hearing in 

June 2005. OSI also failed to take my fingerprints after several personal requests in attempt to 

prove a negative match on the bag in which the substance was contained. This alone, along with 

our several witnesses of whose name and contact information can be gladly provided by my 
attorney,* * would have proven my innocence and I could have returned to work. 

Articles that didn't belong to me, along with photos sent from old civilian fiends in 

California, old personal letters, along with suggested acne remedies from GNC were taken as 

circumstantial evidence that still failed to significantly support the allegation. 

While I was being as cooperative as possible to make this a very easy case OSI's 

unprofessional persistence that thrived off the their trust in this distasteful civilian with several 
legal issues of her own, ** further complicated my case and put me at risk of going to jail  for 
over a year. This was a risk my attorney did not want me to take despite my eagerness to do so. 
He along with my First Sergeant, MSgt i 
fact Seymour Johnson doesn't grant them with cases such as mine.. .but they did because they 

-..-..-..-.-..- 
--------------- 

j advised me to file for Chapter 4 despite the 

had no evidence and this case was a waste of government time and money. I shouldn't  have to 

suffer the lifelong consequence. I don't  feel this request is too much to ask. 

Thank you for considering and discussing my request for my Under Other Than 

Honorable Conditions discharge to be upgraded to General Under Honorable Conditions 
discharge. 

*  Lifeskills visitation wl Major i 
to prevent suicide. (SJAFB, NC) 

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b .-..-.. 1 

:weekly to bi-weekly to help deal with emotional stress and 

**Witness contact information along wl several of: 
consulting my attorney':  - - - - - - - - - - - - - -1 
reviewing Wayne County Records. 

---------------. L..-..-..-..-..-..m 

' Capt, USAF (MacDill AFB Defense Attorney) or by 

:charges can be obtained by 

DEPARTMENT OF THE ALR FORCE 

HMUQUARI'GRS NINTH AlH FORCE (ACC) 
SHAW AIR FORCE BASE, SOUTH CAROLR(A 

MEMORANDUM FOR 9 AFICC 

FROM:  9 MIJA 
SUBJECT:  Request for Discharge in Lieu of Trial by Court-Martial-A  1Ci ------------------. 

I......-.-......-.-. 

4th Aircraft Maintenance Squadron, Seymour Johnson AFB NC 

1.  Pumose:  For 9 AFICC devision on approval or disapproval of request for discharge in lieu of trial by 
court-martial (Chapter 4 request) in the case of US. v A1 C: -- ------- -- ------. 
both recommend approval of this request.  I concur. 

; 4 AMXSICC and 4 FWICC 

a.  On  13 May 05,4 AMXSICC, preferred one charge with one specification of wrongful distribution 
of ecstasy against the accuscd, in violation of Article 112a, [JCMJ.  On 18 Jul05, the accused submitted a 
request for discharge in lieu of trial by court-martial undcr AFI 36-3208, Chapter 4.  He did not submit 
matters for considcration.  Both 4 AMXSICX and 4 1:WICC recommend the accused's request for 
discharge in lieu of trial by court-martial be approved and that he receive an Under Other Than Honorable 
Conditions (UOTHC) discharge. 

b.  On 2 1 Dec 04, an OSl contidenlial source provided $50.00 to the accused in exchange for two 

round white pills wrapped in plastic.  The pills were field tested and the presence of 
rnethylenedioxymethamphetamine (MDMA), commonly known as ecstasy, was detected.  On  14 Feb 05, 
OSI investigators advised the accused of his Article 31 rights. The accused requested legal counsel and 
the interview was terminated.  Charges were prcferrcd by 4 AMXSICC:  on 13 May 05.  On  1 Jun 05, an 
Article 32 investigation was held and the investigating officer (10) recommended against proceeding to 
trial.  The case has not yet been referred. 

................. 
................ 

3,  Discussion:  As noted by the 10, lhe testimony of Ms. i 
j the confidential source, is the 
. - - - - - - - -, 
government's primary cvidcnce in this case.  Despite rcpeated attempts to have her testify during the 
Article 32 hearing and arrangeme~its for her to testify telephonically, Ms.: --------- :has not testified.  The 
only statement she provided thus far is a sworn statement to OSI more than 25 days after the date of the 
uncont~olled buy.  In addition to her unavailability, the I 0  had concerns with her credibility based on a 
potential financial motive to fabricate her statement to OS1 and alleged credit card larcenies against her. 
During a consensual search of the acouscd's vchiclc and dorm room, the OSI found items that are 
commonly uscd to enhance the ecstasy experience (e.g., Vick's Vapor Rub, dust masks, and chemical 
to sustain a conviction for distribution of 
lights); however, such circumstantial e v i d c ? ~ ~  
ecstasy.  Based on the ~~navailahility of Ms.: --------- i and her credibility, 4 AMXSICC recommends 
acceptance of the accused's request for discharge in  lieu of trial by court-martial. 

!!unlikely 

4.  Errors and lrreeularities: 

a, The accused's request for discharge in lie11 of trial by  court-martial failcd to list the specific 

evidence against that the accused received.  TI  was also no1 endorsed by the accused's Area Defense 
Counsel (ADC) as rcquircd by AFI 36-3208, Chapter 4, Figure 4.1.  The request has since been amended 
and signed by the ADC, thereby correcting this deliciency, and is attached to this legal review. 

b. The 4 AMXSfCC Memo, 27 Jul05, para 9k, failed to note that the accused has received the Global 

War on Terror Service Medal.  lhis is n minor administralivc crror. 

c.  No other administrative errors were noted in the case Iilc which would adversely affect the legal 

sufficiency of this action. 

5.  Scrvice Characterization:  Service characterization in administrative discharge proceedings applies to 
the current enlistment.  Under AFI 36-3208, paragraph 1.18.3, a UOTHC discharge is warranted when a 
member is responsible for one or more acts or omissions that constitute a significant departure from the 
conduct expected of airmen.  Under AFI 36-3208, paragraph l .I 8.2, separation with an under honorable 
conditions (General) discharge is warranted when the airman's service has been honest and faithful, but 
significant negative aspects of the airman's  conduct or performance of duty outweigh positive aspects of 
the airman's record.  No  facts or circumstances have been presented in this case that would warrant the 
accused receiving any discharge more favorable than Undcr Other Than Honorable Conditions. 

6.  Lenal Sllfficics:  This case is legally sufficient and in substantial procedural compliance with the 
provisions of AFI 36-3208, Chapter 4.  No errors prejudicial to the accused are present.  No promises 
concerning service characterization were made to the accused, and he submitted his written request after 
receiving the benefit of defense counsel's advice. 

7.  htions:  As the separation authority in this matter, you have the following options: 

a.  Disapprove the request for discharge and direct the case proceed to trial. 

b.  Approve the request for discharge and direct the accused be separated with an Honorable, General, 

or UOTHC discharge.  Airmen discharged in lieu of trial by court-martial are not eligible for probation 
and rehabilitation. 

8.  Recommendation:  I recommend you  anwove the reauest for discharge in lieu of trial by court- 
martial, and separate the accused with a UO'l'HC  discharge, but withhold execution of the discharge until 
he is medically cleared to he administra lively discharged. 

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staff ~ u d ~ ~ ~ d v o c a t c  V-----' 

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Attachment: 
Request for Discharge, 4 Aug 05 

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DEPARTMENT OF THEA~R FORCE 

4th pig hter W j , n g / ~ ~  

(ACC) 

,  1540"b~odson Street Sdite, I 00 

.  Seymour JohHzon Air Force Bas@ NC..27!j31 -2427  ., 

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?9 .July 2005 

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5'  REFERRAL.  PFRVICE OF CHARGES 

-.------ 

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Typed N a n ! ~  r?f cljj'icc 

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Grade 

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Typed Nenrc oITrlci Co.orsal 

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Gr.;dc or  R u k   T~Ic: C o x s e l ~  

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00 FORM 458 (BACKI,  MAY 2000 

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