NAME OF SERVICE MEMBER (I,AST, FIRS1 MIDDLE INITIAL) 

GRADE 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

A M N  

AFSNISSAN 
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I'YPE  GEN 

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PERSONAL APPEARANCE 

NAME O F  COUNSEL AN11 OH ORGANIZATION 

'X  I  RECORD REVIEW 

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AI)I1HESS AND OR DRCANlZATlON OF COUNSEL 

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IlEARlNG DATE 

CASh NUMBER 

28 Sep 2006 
%PPl I F A W S  ISSI'F  4K0 1 HE BOARD'S DEClSlOIJAL R4TION4L A R E  1)ISl:L:SSED ON M E  ATTCHFI) AIR  FORCE DISCH4RC;F  KEVIFW BOARD DECISIONAL RATl0KAl.F 

I 

Case heard in Washington, D.C. 

1 

TAPE RECORDING OF PERSONAL APPEARANCE I IF.: 

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: 

SAFIMKBR 
550 C S'REET WEST, SUITE 40 
UNDOI,PI I AFB, TX 781 50-4742 

FROM: 

SECRETARY OF THE AIR  FORCE PERSONNEL  COUNCIL 
AIR FORCE DlSCllARCE REVIEW  BOARD 
1535 COMMAND DR. EE WING, 3HU FLOOR 
ANDREWS AFB, MD 20762.71102 

AFHQ FORM 0-2077, JAN  00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00055 

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 states that his discharge did not take into account the good things he did while in the 
service.  The records indicated the applicant received an Article  15 for misconduct.  The Article  15 was for 
wrongful use of cocaine.  He was punished with a reduction in grade to airman and forfeiture of pay.  The 
DRB took note of the applicant's duty performance.  They found the seriousness of the willful misconduct 
offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was 
appropriate for the reasons which were the basis for this case. 

Issue 2.  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.  Although not explicitly stated, applicant contends that he should not be penalized indefinitely for a 
mistake he made when young.  The DRB recognized the applicant was 20 years of age when the discharge 
took place.  However, there is no evidence he was immature or did not know right from wrong.  The Board 
opined the applicant was older than the vast majority of first-term members who properly adhere to the Air 
Force's  standards of conduct.  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 AMN)  (HGH A1C) 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Lackland AFB, TX on 12 
Oct 04 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 1 Oct 84.  Enlmt Age: 18 1/12.  Disch Age: 20 0/12. Educ: HS DIPL. 
AFQT: N / A .   A-39,  E-50,  G-53,  M-46. PAFSC: 4A031 -  Health Services Management 
Apprentice. DAS: 13 Jan 04. 

b.  Prior Sv:  (1) AFRes 8 Nov 02 -  30 Jun 03  (7 months 23 days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 1 Jul 03 for 6 yrs. Svd: 01 Yrs 03 Mo 12 Das, all AMS 

b.  Grade Status:  A m  -  26 Jul 04 (Article 15, 26 Jul 04) 

A1C -  15 AUg 03 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 26 Jul 04, LacklandAFB, TX -  Article 112a.  You, did, 

at or near San Antonio, Texas, on or about 12 Jan 04, 
wrongfully use cocaine.  Reduction to Amn, and 
forfeiture of $668.00 pay per month for 2 months. 
(No appeal)  (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: None. 

h.  Awards &  Decs:  NDSM, AFTR. 

i.  Stmt of Sv:  TMS:  (01) Yrs  (11) Mos  (05) Das 
TAMS: (01) Yrs  (03) Mos  (12) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 27 Jan 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2 .  DD Form 214. 
3 .  Special Court Martial  No.6, 26 J u l   04. 
4. Voting  Card. 
5. Certificate of Achievement. 
6. Three Training Certificates* 
7. Certificate of Enlistment. 
8. Award  Certificate. 
9. Certificate of Appreciation. 
10. Three Letters of Appreciation. 

MEMORANDIIM FOR AIR FORCE BOARD FOR CORRECTION OF hdEITARY RECORDS 

FROM: : 

SUBJECT: Request for Discharge Upgrade,: C.......-.-.-......~, 

Sir or Madam, my name is: ------------------. 

i.  I entered the Air Force on July I*', 2003.  I 

was then sadly discharged on the date of October 12',  2004,  For the reasons explained in the 
paragraphs that follow, I respectfully request your consideration and support to upgrade my 
discharge from "Under Honorable Conditions" (General) ta an "Honorable"  discharge. 

I was born on October I*,  1984 in the town of Tawma, Washington.  I resided in 

Washington until I was approximately ten years old.  I then moved to Wisconsin as a result of 
my parents divorce,  That is where the majority of my family resided.  At the age of sixteen, I 
was visiting with my father and his family.  In the duration of this visit, I decided to make it 
permanent and move in with my father.  After residing in Texas for a roughly a year my father 
received PCS orders to Malmstrom Air Force Base, Montana.  In the beginning of my senior 
year of highschool (2002), I decided to join the United States Air Force. 

On the day of July lld, 2003 1 left for Basic MiIitary Training.  After graduating Basic on 

August 15", 2003, I headed for Sheppard Air Force Base, Texas.  This was for my Technical 
School in the career field of 4A03 1, Health Service Management Apprentice.  I then graduated 
on January 9", 2004,  While in Tech School 1 received an sward certificate for displaying the 
core value "Excellence In All We Do"  for an outstanding uniform.  This award was given to me 
by the Superintendent of the course, After graduation, I reccived orders to Lackland AFB, 
Texas. 

Upon arrival at Lackland Air Force Base on the date of January 12'  2004, I  met  my 

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

sponsor Airman First Class: ............... ' a  :  A few days later Airman Morale~ had invited me to 
go out with him and some friends.  The way I looked at it, being brand new to this base, I figured 
I could meet some friends.  So I accepted his invitation,  Little did I know my brand new 
squadron had assigned me a sponsor under investigation by the Air Force Office of Special 
Investigations. 

On the date of January 14"',  2004, was the day my sponsor Airman;-- -- -- --------- ! and 

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myself were going to go meet up with some people at some establishment.  Later that night we 
i 

met up with two Mexican males by the name off ::::::::  .------ 

introduced these two males as members of the Mexican Mafia.  I found that kind of odd that 
...... (Mexican Mafia). Later on that 
Airman Morales would be involved with this type o f p a l e  
--------------- i was accompanied by the two 
night I proceeded to the restroom where ~irman["" 

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!'ad  : ------. 

Mexican Mafia members 7 
I'. I had previously drank some alcoholic drinks 
prior to this encounter in theYiifi6om. The next thing 1-knew one of the two Mexican Mafia-, 
members pulled out this small bag which contained a white powdery substance.  Airman!- - - - - - i 
----------. 
...-.-.-... 
:and the two Mexican Mafia guys all sniffed the substance they referred to as cocaine. 
They then offered me a so called "hit"  off the tip of a key,  1 strongly refused.  Then the two 
Mexican Mafia guys were looking at me dirty with suspicion.  The tbree men then proceeded to 
do mother "hit"  off the tip of a key, and offered me a second time.  My judgement was very 
questionable at this time after having ingested some alcoholic drinks prior to this incident.  Out 
of fear and very poor judgement at the time, I sniffed a very small amount of a white powdery 
substance off the tip of the key.  Again, please keep in mind I was under the impression these 
two males were in the Mexican Mafia. 

A few weeks later I was question4 by AFOSI Special Agents.  After being questioned 

about the night on January 14&, 2004, I admitted to the single one time use of cocaine.  I 
completely cooperated with QSI and my squadron one-hundred percent. 

In the time following my meeting with the OEce of Special Investigations, I returned to 
normal duty.  During this time, I received an award for my duty section, This award was called 
Admissions and Dispositions Tech of the month.  My supervisors were very pleased with my 
performance. 

A few months later I was called in for an appointment with my Squadron Commander, 

Lieutemnt Co~onel I - - - - -- - - - - - - - - - - - - - 
: At this meeting I was read my charges and sent to the 
Area Defense Counsel.  After consulting with my Area Defense Council, Captain Dominic 
Ayotte, he advised to enter a guilty plea in front of a military judge alone.  I did what he advised 
and my court martial was set for the date of June lo*, 2004. 

.------- 

:  He came down and 

Martial, my father, who at the time 

On the date of June 1 Oa, 2004 at my Special Court 

, - - - - - - - - - - - - - - - - -  
was in the military, now retired, was Master Sergeanti -------- -- -- ----, 
testified on my behalf.  Which I am very thankful for because he helped my attorney out on 
my --- squadron. 
- y j s e d i a t e  
pointing out some issues with 
supervisor Staff Sergemt I - - - - - - - - - - - - - - - - 1 
: and of 
course friends and f h l y .  Throughout the trial the Mlitary Judge even was showing concern 
with the way everythmg was handled in this cw. In the end I was found guilty in the violation 
of Article 112a under the UCMJ.  My original sentence was 30 days confinement, reduction to 
the grade of E-2 (Airman), and forfeiture of pay  in the amount of $600 per month for four 
months. 

-----  Also at the trial on my beha!!  - ~ a ?  

shift supervisor Staff Sergeant I - - - - - - - - - - - - - - -, 

Immediately after my trial I was taken to the confinement facility. During this time, I 
had much time ta think about what 1 had done.  While I was in confinement I petitioned fot 
clemency.  My request to the conveying authority was to set aside my criminal conviction and 
replace it with an Article 15.  So approximately a month later 09 the date of July 6*, 2004, my 
attorney and I met with Brigadier .......-. 
> the commander of the 59'  Medical 
Wing. At this meeting, General : b . . . . . . . i  saw that this case was very concerning and granted my 
request.  Only, after disapproving my conviction, he kept me at the rank of E-2 and took half of 

General : b .-.-.-........-. 

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my pay for one-month. 

After reIeased from confinement I was assigned to Outpatient Records in Wilford Hall 

Mcdioal Center for one month.  During this duty assignment, it was my duty to file military 
personnel medical paperwork.  Myself was one of many Airman pulled from their regular duty 
section for this detail.  In the month of August 1 was then put in a section of the hospital known 
as Forms and Publications, In this duty I was responsible for maintaining forms, publications 
and technical orders.  Also I conducted inventories, research, along with ordering and stocking 
forms. Also received requests fiom all functional areas of development, which included the 
design and reproduction of new or revised forms. 

Because of h s  course of action I was not under the impression that I would be 

discharged.  I didn't want to be discharged,  I was proud to be a member of the United States Atr 
Force. Not only because I was following in the foot steps.of my father, who I respect, but also for 
the love of my counw.  The decision I made has affected the entire course of my life.  I am now 
at a crossroad, and I need to resolve this in order to move on.  I realized how this decision 
affccted more than just me, but also the ones I love.  I do believe I have learned fiom my 
mistake, and want to move forward,  I greatly appreciate your consideration in the decision to 
upgrade my discharge from General to Honorable,  I have included along with this letter, several 
statements an my behalf.  If you would like additional information regarding my case please 
contact me at the address listed below.  Again, I cannot thank you enough for your time and 
consideration of this matter. 

Since my time out of the military, I have been a productive member of scoiety.  I have 
registered to vote, I have also stayed in the healthcare field, I am currently a Certified Nurse 
Assistant at Benefis Healthcare in Great falls, Montana.  1 have been currently working at this 
job for one year.  I have always enjoyed working in the healthcare environment, t have provided 
copies of certain documents related to my case. 

I have provided you with a copy of my Court Transcripts.  I have taken the time 

highlight certain statements during my trial that are relevant to my case.  These highlighted 
statements are on pages:  14, 15,37-39,42,43,61,62,64,  and page 69.  I also strongly encourage 
you to review the Defense Exhibits.  In this section you will find Character statements from 
several military members, including my former coworkers in the militay. 

Also, I have provided a copy of 

DD Form 214 

Special Court Martial Order No. 6 

Voter's Registration Card 

Certificate of Achievement for completing my Certified Nurse Assistant program 

Three Certificate's of Training 

Certificate of Enlistment 

Award Certificate 

USAF Certificate of Appreciation 

Three letters of Appreciation fram my current coworkers at Benefis Healthcare 

Again I would like to take this time to thank you for your time and consideration for 

upgrading my discharge from General "Under Honorable Conditions7' to Honorable.  I have truly 
regretted the mistake I made in the military, I would like to have some closure and this would 
help a great deal if the Air Force Board Review of Discharges grants my request. 

e 

e 

DEPARTMENT OF THE AIR FORCE 

ss" MLDICAL WING ( M T C )  

MEMORANDUM FOR AMN i ----------------------------------------------. 
FROM:  759 MDSS/CC 

SUBJECT; Notification Memorandum 

1.  I am recommending your discharge from the United Statee Air Force for Drug Abuse. The 
basis for my recommendation is APPD 36-32 and AFI  36-3208. paragraph 5.54.  Ifmy 
recomcndation is approved, your service will be characterized as Honorable, or Under 
Honorable Conditions (General), I am recommmding that your service be characterized as 
General. 

2. My reason for this action is an or about 12 Jan 04, you wrongfully used cocaine.  As a result, 
you rcceived an Article 13, dated 26 Jul04 and your punishment was reduction to the p d o  of 
E-2, with a new date of rank of 26 Jul04, and Forf'eiture of $668.00 pay per month for 2 months. 
Subsequently, an Unfavorable Information Filc was established. 

3.  Copies of the documents to be forwarded to the separation authority i s  support of this 
recommendation are attached.  The commander exercising SPCM jurisdiction, or a highes 
authority, will decide whether you will be discharged or retained in the Air Force. 

4.  You have the right to counsel. Military Legal Counsel has been obtained for you. I have 
made an appointment for you to consult the Area Defense Counsel at Building 61 19, on 
14 S ~ P  04  at -0900 hours.  You may consult civilian counsel at your own expense. If 
employed, civilian counsel must be madily available. 

5. You have the right to submit statements on your own behalf.  Any statements you want the 
separation authority ta consider must reach me by (3 w r k d a )  /& 
request and receive an extension for good cause ehown.  Your statements will be sent to the 
separation authority and will be made part of your case file that tho separation authority will read. 

unless you 

Q 

6. If you fail to consult counsel or to submit statements on your own behalf, your failure will 
constitute a waiver of your tight to do so. 

7. You have been scheduled for a medical examination. You must report to Wilford Hall 
Medical Center, Family Medicine Clinic, on  17 Sen 04 at  1500 hours with your medical, 
immunization, and dental records for the examination. 

8.  You have been scheduled for a Transition Assistance Program (TAP) briefing.  You must 
report to the Family Support Center, Bldg 1249, 1561 Stewart Street, on l4Sep 04  at _1400 
hours for an appointment with  Ms. : 

--------- 

9. Any penonal information you h i s h  in rebuttal is covered by the Privacy Act of 1974. A 
copy of MI  36-3208 is available for your use at the Commander's Support Staff. 

10.  Execute the attached acknowldgmenl and return it to me immediately. 

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Attachments: 
1.  AF Farm 3070, dated 26 Jul04 w\atch 
2. AP lMT 11 37, annotated