AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

L....-....-.-..-.-.---------l 
TYPE  GEN 
CoUNfEt 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OR ORGANIZATION 

1  GRADE 

A1 C 

AFSNISSAN 

L.-....-....-.l 

X 

RECORD REVIEW 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

YES 

No 

X 

I 

I 

MEMBER SITTING 

HON (  OTHER^ 

VOTE OF THE BOARD 

I 
I 
EXHIBITS SUBMITTED TO THE BOARD 

I 

I 

APPLICATION FOR REVIEW OF DISCHARGE 

ORDER APPOINTING THE BOARD 

1 
2 
1  LETTER OF NOTIFICATION 
3 
4  1  BRIEF OF PERSONNEL  FILE 

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

(  TAPE RECORDING  OF PERSONAL APPEARANCE HE 

I 

I 

I 

I 
I 

ISSUES 

A94.11 

I  IYDEX YI'MBER 

A66.00 

/  HEARING DATE 
1  10 Aug 2006 

I  CASE NUMBER 
/  FD-2005-00388 

I 

I 

I 

I 

I 

APPLICWS ISSUE AND THE BOARD'S  DECISIONAL RATIONAL ARE DlSCUSSED ON THE ATlACHED AIR FORCE DlSCHARClE REVIEW BOARD DECiSlONAL RATIONALE 

Case heard in 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. 

*Reason and Authority 
+Reenlistment Code 

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

AFHQ FORM 0-2077, JAN 00 

SECRETARY  OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB. M D  20762-7002 

- 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-00j88 

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

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, 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 
inequity or impropriety that would justify a change of discharge. 

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  She further contends the 
discharge was based on inadmissible utter hearsay, no physical proof of drug abuse, and negative urinalysis. 
Applicant states her commander made an unfair judgment, did not thoroughly review the situation and 
disregarded her submissions.  The Board found nothing in the records to substantiate any of these 
contentions.  The records indicated the applicant received an Article 15 and two Letters of Counseling for 
misconduct.  The applicant received an Article 15 for wrongful use of Vicodin, a Schedule I11 controlled 
substance, which was the basis for her discharge.  She was punished with a suspended reduction in grade to 
airman and 15 days of extra duty.  The records also reflected that she received two Letters of Counseling for 
failing to bring CDC's into work for mandatory study time and for being disrespectful to a commissioned 
officer.  The DRB opined that through these administrative actions, the applicant had ample opportunities to 
change her negative behavior.  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, MD 

(Former AlC)  (HGH AlC) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a GEN Disch fr Elmendorf AFB, AK on 10 Aug 
05 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge, and to Change the RE Code, Reason and Authority for Discharge. 

2.  BACKGROUND: 

a. DOB: 20 Sep 84.  Enlmt Age: 18 0/12. Disch Age: 20 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-63,  E-62,  G-49,  M-41. PAFSC: 4A051 -  Health Services Management 
Journeyman. DAS: 28 May  03. 

b.  Prior Sv: (1) AFRes 8 Oct 02 -  9 Dec 02  (2 months 3 days) (Inactive) 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 10 Dec 02 for 4 yrs. Svd: 02 Yrs 08 Mo 01 Das, all AMS. 

b.  Grade Status:  A1C -  10 Apr 04 
A m  -  10 Jun 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 8 Jun 05, Elmendorf AFB, AK -  Article 112a.  You, did, 
at or near Anchorage, Alaska, between on or about 1 Sep 
04 and on or about 1 Nov 04, wrongfully use Vicodin 
(Hydrocodone), a Schedule I11 controlled substance. 
Suspended reduction to Airman.  Fifteen days extra duty. 
(No appeal) (No mitigation) 

e.  Additional: LOCI 08 J U N   04 -  Failure to bring CDCs into work for 

LOC, 26 MAY 04 -  Disrespectful to a commissioned officer. 

mandatory study time. 

f.  CM:  None. 

g.  Record of SV: 10 Dec 02 -  09 Aug 04  Elmendorf AFB  3  (Initial) 

10 Aug 04 -  17 Jun 05  Elmendorf AFB  2  (Cmdr Dir)REF 

h.  Awards &  Decs:  GWOTSM, AFTR, NDSM, AFOUA, AFOSLTR. 

i.  Stmt of Sv:  TMS:  (02) Yrs  (10) Mos  (03) Das 
TAMS: (02) Yrs  (08) Mos  (01) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 25 Sep 05. 

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

for Discharge) 

ISSUES ATTACHED T O  BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. Discharge Package. 
3. Service Medical  Records. 

APPUCAWON FOR THE REWW OF DlSCHARaE OR DISMISSAL 

FROM T)(E ARMED FORCES OF THE UNITED STATES 

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UTTER HEARSAY.  2.  M Y  DISCHARGE WAS UNJUST BECAUSE 1 WAS TOLD I WOULD REMALN IN THE U.S. AIR 
FORCE, WHICH IS WHY MY C O M E R  DECIDED ONLY TO SUSPEND MY STRIPE UNTIL, 7 DECEMBER 2005, 
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MEMORANDUMS FOR AIR FORCE REVIEW BOARDS AGENCY, AND SERVICE MEDICAL I(EC0RDS. 

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PREVIOUS EDITIONS ARE OBSOLETE. 

Page 1 of 4 Page! 

(N-1 

14. ~ A T t O N O F l l E M  k 
DAYS EXTRA D m .  3. MY DISCHAWE WAS INEQUITABLE BASED ON MY COMMANDERS UNFAIR JUDGMENT 
CALL. 4. MY DISCHARGE WAS UNWARRANTED BASED ON THE mraWNDERANCE OF EVIDENCE. 5. MY 
D I S C W E  WAS UNJUSTLY CARRIED OUT EVEN THOUGH THERE WAS NO POSlTIW URINALYSIS. 7.  MY 
DISCHARGE WAS UNJUST CONSIDERMQ THERe WAS NO PHYSICAL PROOF.  8. MY DISCHARGE WAS UNJUST 
BECAUSE MY CASE WAS NOT lHOROUC3HL.Y REVIEWED BY MY COMMANDER  7. MY DISCHARGE WAS 
INAPPROPRIATE BECAUSE TRUTH WAS NOT PURSUED.  9. MY DISCHARGE WAS UNJUSTLY SERVED BECAUSE 
IT WAS IN VIOLATION OF MY CONSTITUTIONAL RIGHTS.  10. MY DISCHAROE WAS UNJUST BECAUSE MY 
COMMANDER DfSREaARDED MY SUBMISSIONS. 

1s. CcmrINuATKm OF mM a. suPmmM W C U ~ S  

llf a@xhleI 

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Amy  Rsview Boards Agency 
Support D i i m ,  St.  h i s  
0700 Paw Avemw 
M. W, MO  63132-5200 
(See http:llwbs.amy.pent~ononmil) 

AIR FORCE 

Air Force Revirm Bosrdr A ~ e n c y  
SAFIMRBR 
5SGC Street West,  Sulr 40 
Randolph AFB, TX  781664742 

I 
DD FORM 293, AUO 2003 

- 

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N A W  AND MARINE CORPS 

Navel Council of Personnel Boerds 
720 K
Room 309 (NDRB) 
Washingtan Navy Yard.  DC 26374-6023 

Strest, S.E. 

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COAST GUARD 

U.S.  Coast Guard 
Commendant (G-WPM) 
2100 Second Street, S.W.  Room 5600 
Washington, DC  20593 

1 

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I 
Peee 2 of 4 Peeee 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

MEMORANDUM FOR: 

BOARD FOR CORRECTION OF AIR FORCE 'RECORDS 
WOMEN OF CONGRESS 
CONGRESSMEN 

26 September 2005 

FROM: : 

L....-..-.-..-..-.-----------: 

SUBJECT:  UNJUSTLY SENTENCED 

1.  I was accused of an offense 1 did not gp-mj?yhi!e  I was stationed at Elmendorf AFB, Alaska  My 
-.,, -4  made a judgment call based on the complete and 
former squadron Commander, Colonel L,. 
utter hearsay of one person.  This person stated that he gave me one Vicodin pill.  My Commander had 
no positive drug urinalysis, no physid p m f ,  and her only witness was discredited four times by 
witness testimonies in my defense. Unfortunately, I was found guilty in the eyes of my Commander 
and consequently later discharged h m  the military- 

2.  Prior to the initiation of my discharge, I was told I would remain in the United States Air Force 
after my Commander passed judgment  My Commander did not take any stripes away h m  me, but 
she did suspend a stripe until 7 December 2005, and gave me fifteen days of extra duty. 

.---------------- 
3.  Also, after my Commander informed 
sat down with my supervisor, SSgt : 
supervisor if 1 was going to be d i s c h ~ : ~ H i ~ i G E v e r e d  
First Sergeant the reasons why I was remaining in the military. 

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

--------------- 
me of her decision, my  First Sergeant, SMSgt j --------------- 
jand  myself.  I verbally asked him in front of my 

'ho".  My supervisor also discussed with the 

4.  I told my attorney, Captl- - - - - - - - - - - - - - - - - -v 
informed me that the AFI states if any action is taken concerning a controlled substance, discharge has 
to be initiated.  Therefore, 1 brought it to my commands attention.  My First Sergeant said he would 
talk to legal.  Subsequently, my command found out that they had made a mistake and would have to 
initiate discharge. 

: everything that had happened and that was said.  She 

5.  There was a stipulation in the AFI  that stated a retention package wuld be drawn up in order to 
retain a member convicted of using a controlled substance.  However, I did not meet the retention 
criteria  The criteria required confession to the controlled substance abuse, and 1 have not ever, nor 
will I ever in the W e  admit to something I did not do.  In addition, the criteria also states that the 
incident bas to be a frrst time offense.  When I decided to join the military I was asked if I had ever 
used any illegal drugs, and I told my recruiter when I was younger I had used marijuana.  For that 
reason, my drug use at age 13 was consided my first time offense.  I would not lie about illegal drug 
use priw to senrice and I am not lying now.  I did not ingest the Vicodin pill in which 1 was discharged 
for. 

6.  Moreover, when my Commander found me guilty of the offense I did not commit, I decided to file 
for redress under Article 138, against my Commander for committing an arbitrary, capricious, and 
clearly unfair act, careless attention to detail, failure to thoroughly review, non-pursuance of the tnrth, 

and for the fact I was told I would remain in the United States Air Force.  I was unable to fde the 
rabess under Article 138 as quickly as I would have liked to,  for the mson that my attorney and I 
were only able to discuss my case over the phone and through email.  My attorney was stationed out of 
Travis AFB in California and later PCS'd  to Bolling AFB in Washington D.C. while handling my 
case.  After I had written the redress under Article 138 and received counsel, I went to my First 
Sergeant to discuss my decision to frle on 13 July 2005.  My First Sergeant asked me condescendingly 
what I had p h e d  to gain by filing this complaint, and if I was trying to cut my own throat.  On 15 
July 2005,I brought the redress to my First Sergeant's office to file.  I tried to have him sign for 
acknowledgement of receipt and he refirsed.  He also stated that he didn't believe my Commander 
would sign for receipt either, but that he would personally deliver it to my Commander when we were 
through talking.  When I went to check the status of the redress, my First Sergeant said my 
Commander was going to talk to legal. 

8.  My final out date was 10 August 2005.  1 did not receive a response from my squadron Commander 
until 1 1 August 2005.  Sho tried to state that she received the redress under Article 138 on 9 August 
2005, but as I atso stated in my memorandum addressed to her in reference to her response given to me 
on 1 1 August 2005, she received the redress on 15 July 2005 unless my First Sergeant, SMSgt Watts, 
lied about personally delivering it to her on  15 July 2005.  Additionally, she -----, 
had to of been well aware 
of the redress prior to 9 August 2005, because acting First Sergeant, MSgt [- - - - ; told me on 25 July 
2005, that my Commander was not going to respond and that I was to press with the complaint to the 
3"  Wing Commander.  As k t e d ,  I delivered the complaint to the Wing Commander on 28 July 
2005.  My Commander and First Sergeant also tried to deny the fact that I was told I would remain in 
the Air Force, and said what they meant, was that they were going to try to retain me, but thereare 
active members, including my former supervisor, and prior members of the Air Force, hat  can 
credibly 
aRer my lawyer brought tho discharge initiation to my command's  attention. 

I was told I would be retained.  The retention package was not even discussed until 

9.  In all honesty, I am not trying to disrupt the peace amongst those involved in my case, but this 
accusation was brought against an innocent member of the United States military.  I was not treated 
fairly, nor do I believe the process of my case and discharge carried out honorably by my leadership.  I 
committed my life to the military.  I knew before I joined what 1 was and wasn't  allowed to do.  I did 
not go through basic training, tech school, permanent party, or separation h m  my family to lose my 
career to a controlled substance that I did not ingest.  I seek justice on behalf of myself and any future 
member of the United States militav accused of an offense and unjustly sentenced.  Thank you 
graciously for your time. 

GENUINELY, *---..--- 3 
....... 

C ...... , ,,.,.. 
,.,-, 

FORMER UNITED STATES AIR FORCE MEMBlER 

DEPARTMENT OF THE AIR FORCE 

PACIFIC AIR FORCES 

14 October 2005 

MEMORANDUM FOR AIR FORCE REVIEW BOARDS AGENCY 

.----------------------------, 

FROM: i ----------------------------: 

SUBJECT: ADDITIONAL REQUEST 

1, J have spent countless hours trying to prove my innocence and will continue to do whatever is 
asked of me to attest my innocence. I have rebutted and appealed every statement and document 
unjustly served.  I obtained statements from other witnesses that testify to my innocence and character. 
I have done everything in my power that I know to do.  A lot of people think that I should give up, 
because this is too hard.  Honestly, this takes a serious amount of endurance to not give up, especially 
when my submissions are constantly denied or disregarded every time I've  stood up for myself. 

2.  If I am found innocent in your eyes, I request that my discharge be upgraded to Honorable, my RE 
code be changed to permit the opportunity to enlist again if ever I would choose to, and that the 
narrative reason for my separation changed to adequately describe a just reason. 

3.  I reverently ask these additional requests to be attached to my DD Form 293. 

VERY RESPECTFULLY, 

I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  

FORMER UNITED STATES AIR FORCE MEMBER 

...... -. 

LulmL.* 

-Y--CCYCulur-u 

MEMORANDUM FOR A1 C: 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  
' 3 MDOS 
L .-..-..-..-..-..-.------------------ 
I 

JUL  2 1  2005 

FROM:  3 MDOSICC 

SUBJECT:  Notification Memorandum 

1. I am recommending your discharge from the United States Air Force for drug abuse, 
specifically, Vicodin.  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 honorable, 
general or under other than honorable conditions (UOTHC).  I am recommending your service 
be characterized as general 

2.  My reasons for this action is:  Between 1 Sep 04 and 1 Nov 04, you wrongfully used Vicodin, 
a schedule I11 controlled substance.  For this offense, you received nonjudicial punishment, under 
Article 15, consisting of a suspended reduction to the grade of airman and 15 days extra duty. 
This action established an Unfavorable Information File (UIF).  (Atch 1) 

3.  In accordance with AFI 36-3208, paragraph 5.54, drug abuse is incompatible with military 
service and airmen who abuse drugs one or more times are subject to discharge for misconduct. 
In addition, a member found to have abused drugs will be discharged unless the member meets 
all seven retention criteria as listed in AFI 36-3208, paragraph 5.55.2, one of which states that 
drug abuse occurred as the result of drug experimentation (a drug experimenter is defined as one 
who has illegally or improperly used a drug for reasons of curiosity, peer pressure, or other 
reasons).  An investigation of your Unit Personnel Record Group (UPRG) revealed that you 
admitted to using marijuana in March 1996, prior to entering the Air Force.  Because you have 
used drugs in the past, your recent drug abuse is not experimentation. As a result, you do not 
meet the seven retention criteria.  (Atch 2-4) 

4.  Though not used as a basis for this discharge action, the following will be forwarded to the 
separation authority for review in consideration of your service characterization: 

a.  On 2 Jun 04, you failed to bring your Career Development Course (CDC) to work for 

mandatory study time.  For this offense, you received a Letter of Counseling, dated 
8 Jun 04.  (Atch 5) 

b.  On 26 May 04, you were disrespectfil to a commissioned officer.  For this offense, you 

received a Letter of Counseling, dated 26 May 04.  (Atch 6) 

5.  Copies' of the documents to be forwarded to the separation authority in support o'f this 
recommendation are attached.  The commander exercising SPCM jurisdiction or a higher 
authority will decide whether you are 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. 

6.  You have the right to consult legal counsel.  Military lega!lc?-we1 has been obtained to assist 
you.  I have made an appointment for you to consult Capt i 
: 552-3887, at Bldg 10480, 
. You may consult civilian counsel at your own 
Room 330 on  a bJi(  6s 
expense. 

, . . . . . . . .:, 

0 8 3 0  

at 

7.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three duty days after the date of this letter 
unless you request .and receive an extension for good cause shown.  I will forward any statements 
you provide to the separation authority. 

8.  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. 

9.  You have been scheduled for medical examinations.  You must report, with your medical 
records, to the 3rd Aerospace Medicine Squadron, Bldg 5 595, at  o 92 o 
for your first exam, at which time you will be notified of the time for your second exam.  Bring 
with you the Medical Assessment Letter @D  Form 2697).  You are to refrain fiom alcohol for 
72 hours, and refrain fiom the use of tobacco products for 6 hours, prior to examination.  Bring 
eyeglasses (and contact solution if using contacts) if applicable.  You must be in uniform for 
these examinations. 

10. You have been scheduled for a Transition Assistance Program briefing.  You must report to 
. You have also been scheduled 
on 
the Family Support Center at  g o o  
for a TMO Household Goods Shipment preprocessing briefing.  You must report to Bldg 85 17 
on  21 S f  o r   . You must be in uniform for 
(People Center), Room 247 at  /&o 
all appointments. 

U 

1 1.  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 at your Squadron Orderly Room. 

on  22 fi 1 oS" 

---------  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,  
Commander 

L - -  

Attachments: 
1.  AF Form 3070 (Article 15), dtd 8. Jun 05 
2.  DD Form  1966 
3.  AF Form 2030, dtd 2 Oct 02 
4.  SF 86, pg. 8 (Security Questionnaire) 
5.  Letter of Counseling, dtd 8 Jun 04 
6.  Letter of Counseling, dtd 26 May 04