AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVICE MEMBER (1,AST. FIRST MIDDLE INITIAL) 
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 TYPE  UOTH  I 

PERSONAL APPEARANCE 

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No 

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MEMBER SITTING 

YES 

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C...................-....-.-....-.-' 

ISSllES 

A01.13 
A94.05 

INDEX NUMHFR 

A66.00 

GRADE 

I  AB 
I  x 

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REC:ORD REVIEW 

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ADDRESS AND OH ORCANIZA1 ION OF  COONSEL 

VOTE OP THE BOARD 

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EXHIBITS SllBMlTTED TO 'I*HF, BOARD 

ORDER AI'POINTINCi  THl.  BOARD 
APPLIC'A  I ION  FOR  RCVltW O F  DISC1 IAKGE 

1 
2 
3  1  LETTER OF NOTIFICATION 
(  BRIEF O F  PEIZSONNEL  FI1.E 
4 

COUNSKl.'S  RELEASE '1'0 THE BOAR11 
ADDITIONAL EX1 IlHlTS SUBMI'I'TED AT TIME OF 
PERSONAL APPEARANCE 

I  TAPE RECOKLIING OF PERSONAL APPEARANCE HE 

( 

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1 

IIEARINL DATE 

1 
1  26 Jan 2007 

I  CASE NIIMLIER 
1  FD-2005-00416 

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APPI.ICANT'S  ISSUE, hND TliE BOARD'S DE~~SIDNAZ RATIONAL ARE'bXBCUSStiD ON THE ATTACHE0 AIR FORCB DfSCHARGE REVIEW BOARD DECISIONAL RAnONALF 

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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/witliout counsel, and the right to subrnit an 
application to the AFBCMR 

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

b-------,--,----------------------------------------------------r------,-,---------------------------------: 

TO. 

SAFIMRBR 
550 C STREET WEST, SUI I  t 40 
RANDOLPH AI'H, 'IX 781 50-4742 

INDORSEMENT 

V 

bHOM, 

DATE:  2/6/2007 

SECRETARI  Ob  IHE AIR FORCE PLKSONNEI. COUNCIL 
AIR bORCF DlSCllARCEKLVlEW ROARD 
1535 COMMAND DR, EE WING.3RD  PI.OOR 
ANDRLWS AFB, MD 20762-7002 

AFHQ FORM 0-2077, JAN 00 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2005-004 16 

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:  Applicant received a UOTHC for Misconduct--Drug Abuse. 

ISSUE  1 :  Applicant  contends that his discharge was too harsh for a one time use of marijuana and does not 
meet  the  standard  for UOTHC  per  AFI  36-3208,  para  1.18.3.  The records  indicate  the applicant  received 
two  Article  15s for:  1) failing to report  for  duty  and  incapacitation  of  performance  of  duties because  of 
overindulgence  of  intoxicating  beverages  and 2) the wrongful  use marijuana.  The records  indicate that the 
member  started  on  ADAPT  but  did  not  complete  the  program.  Records  show  the  commander's 
recommendation  for  a  UOTHC  discharge  was  made  based  on  behavior  which,  "constitutes  a  significant 
departure from the conduct expected of airmen" (AFl 36-3208, para  1.18.3).  The records also show that the 
member was offered an administrative discharge board but waived his right to a hearing.  After review of the 
record, the Board  found no inequity or impropriety with the original decision and finds the characterization 
of the discharge to be appropriate. 

ISSUE 2:  Applicant contends that thc facts don't  support the discharge.  He contends that the only evidence 
against him was a positive urinalysis result which had to be retested.  He contends that his sample was never 
run  again but  only a readjustment  of the computer  which  resulted  in a positive  for  THC  in his urine.  He 
states the results are inconclusive  and should be  inadmissible.  Records indicate that member tested positive 
for THC  at  62ng,  four  times  above the  DoD  standard.  His  sample  was  reprocessed  because  the  machine 
integrated the smaller peak level in the sample vice the large peak it's supposed to process, causing skewed 
results.  The sample was reprocessed the following day with a repeat positive result.  The member submitted 
a  statement  on  his  behalf  but  did  not  appeal.  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 AB)  (HGH A1C) 

1.  MATTER  UNDER REVIEW:  Appl rec'd a UOTH Disch fr USAP Charleston AFB, SC on 
20 Jul 05 UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 21 Jan 83.  Enlmt Age: 19 9/12.  Disch Age: 22 5/12. Educ: HS DIPL. 

AFQT: N/A.  A-65,  E-68,  '2-51,  M-65. PAFSC: 2A656 -  Electronic Environmental 
Systems Journeyman. DAS: 21 Nov 03. 

b.  Prior Sv: (1) AFRes 8 Nov 02 -  5 May 03  ( 5   months 28 days)(Inactive). 

3.  SERVICE UNDER  REVIEW: 

a.  Enlisted as AB 6 May 03 for 6 yrs. Svd: 02 Yrs 02 Mo 15 Das, all AMS. 

b.  Grade Status:  AB -  7 Jun 05  (~rticle 15, 7 Jun 05) 

Arnn  -  11 Jan 05  (Article 15, 11 Jan 05) 
A1C -  20 Jun 03 

c.  Time Lost:  None. 

d.  Art  15's:  (1) 7 Jun 05, Charleston AFB, SC -  Article 112a.  You, did, 

within the continental United States, between on or 
about 12 Feb 05 and on or about 12 Apr 05, wrongfully 
use marijuana.  Reduction to AB.  Suspended forfeiture 
of $617.00 pay per month for 2 months.  Restricted to 
the limits of Charleston AFB, SC for 20 days. 
(Appeal/Denied) (No mitigation) 

(2) 11 Jan 05, Charleston AFB, SC -  Article 134.  You, 

were, on or about 1 Dec 04 and on or about 23 Dec 04, as 
a result of wrongful previous overindulgence in 
intoxicating liquor or drugs incapacitated for the 
proper performance of your duties.  Article 86.  You, 
did, on or about 1 Dec 04 and on or about 23 Dec 04, 
without authority, fail to go at the time prescribed to 
your appointed place of duty, to wit: Building 709. 
Reduction to AB  (below Airman suspended).  Restricted to 
the limits of Charleston AFB, SC for 14 days, and 14 
days extra duty. (No appeal) (No mitigation) 

e.  Additional: None. 

f.  CM:  None. 

g.  Record of SV: 6 May  03 -  23  Feb 05  Charleston AFB  3  (1nitial)REF 

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

i.  Stmt of Sv:  TMS:  (02) Yrs  (08) Mos  (13) Das 
TAMS:  (02) Yrs  (02) Mos  (15) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 2 9 3 )   dtd  16 Aug  05. 

(Change Discharge  to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues* 
2. Memorandum  for Separation Authority, AFLSA/ADC, 27 Jun 04. 

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APPUCATION FOR THE RRllEW OF DISCWOE OR DISMISSAL 

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EDMUNDS, CHASE A 
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MEMORANDUM FOR SEPARATION AUTHORJTY 

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

FROM: AB : ...................... 

; 437 AMXS 

16 August 2005 

1. I waived my right for a board hearing for an Under Other Than Honorable Conditions 
discharge (UOTHC) rather than face a court-martial for the use of marijuana on one 
occasion Even hough 1 agreed to waive my right for a court-martial hearing, I did not 
agree to a UOTHC discharge. I fwl that the facts stated in my case do not support this 
discharge, and so warrants a general discharge. 
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2. The only evidence against myself is a positive urinalysis result. Which was tested on a 
machine that was recalibrated more than 3-4 times to have correct readings-maybe. 
Wbich w m t s  a general discharge. 

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3. On the tests of my sample, the machine was supposedly correct once out of the 4-5 
times that it was tested. Which warrants a gened discharge. 

4. When my sample was run, it initially gave a result that was totally wrong - almost 
3,000 nglml. That warrants a general discharge. 

5. My sample was never ruo again. Which warrants a general discharge. 

6. W a d ,  the lab readjusted the computer that reads the results, which yielded the result 
of 62 ng/ml.  Which warrants a general discharge. 

7. These result$ are inconclusive and I believe they should be inadmissible. As you can 
see the evidence for this discharge is unlawful. Which warrants a general discharge. 

3632683mra.i.18.3r,-tt UOTHC"ls 

8. A UOTHC is unjust because one time marijuana use does not meet the standard 
~ X @ & ~ W U T I W .  
the following examples: violence resulting in serious bodily injury or death; abuse of a 
special position of trust; unprofessional relationship by a superior, endangering the 
d t y  of the United States, endangering the health and welfare of service members or 
civilians. Using marijuana one time does not compare with the examples of a UOTHC. It 
is much more closely related to the language of a general discharge and should be treated 
so. There is no langua8e contained in MI 363208 that says tbat a discharge for drug use 
should be a UOTHC, Which warrants a general discharge. 

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DEPARTMENT OF THE AIR FORCE 

M ~ M H N R U F r l M H O ~  

2 8  2005 

1.  I am recornmdg your discharge from the United States Air Force for Misconduct: Drug 
Abuse.  The authority for this action is AFPD 36-32 Mllftary Reljrements rmd Separations, and 
AFI 36-3208, A&mhotlve  Sepcvution ofAimn, paragraph 5.54. Copiea of the documents to be 
fonvarded to the separation authority to support this fecomrnendation art attachad. 

2.  My reason for this d o n  is:  Between on or about 12 Febnrary 2005 and on or abut 12 April 
2005, you wongfully used marijuaq for this offense, you received nonjudical punishment that 
closed out 15 $\me 200s (A#achments 1,2,  and 3). 

3.  Other Derogatory Data: 

a  On or about 1 Dee 04 and 23 Dec 04, you failed to go at the time prescribed to your 
appointed placs of duty and when you arrived you were incapacitated for duty because of a 
wrmgful previous overitxlulgence in intoxicating liquor.  For these offenses you received an 
Micle 15 that closed out on 14 Jan 05. (Attachment 4). 

4. This action could result in your separation with a charactexization of Honorable, Under 

'  Honorable Conditions (General), or Under Other Than Honorable Conditions (UOTHC) Discharge. 

I am recommending that you receive an Undcr Other Than Honorable Conditions (UOTHC) 
Discharge. The commander exercising special court-martial jurisdiction or  a higher authority, will 
rnalce the final deciiion in this matta.  If you are discharged, you will be ineligible for reenlistment 
in tfie United States Air Force and will probably be denied enlistment in any component of the 
m e d  forced aad any special pay, bonus, or education assistance funds you received may be 
subject to recoupmat 

5.  You have the ri&t  to: 

a  Consult legal counsel. 

b.  Present your case to an administrative discharge board. 

c.  Be represented by legal counsel at the broad hearing. 

d.  Submit statements in your behalf in addition to, or in lieu of, the board hearing. 

e. .  Waive the above rights.  You mt consult legal counsel before making a decision waive 

any of your rights. 

AMC-GLOBAL  REACH FOR AMERICA 

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6. You have beem acheduld for a medical examination  You must report to  hv C 
2 3 J o n 0 5 , l t   0750 

hoursforthoexamhtion 

on 

7.  You have been scheduled for a Transition Assisace Biiehg at the Family Support Center, 
Bldg 255, on 22 Jm 05, at 0830 bow. 

8,  Yo have been scheduled for a separation briefing at Personnel Relocations, Bldg 503, on 
7.0  uhoS  ,at  1500 

hours 

S 

an a p ~ o i m ~ t  

0 3 b  

9.  You have the right to m u l t  counsel.  Military l e g - + l ~ ~ j &  
for you to ca-mllt w a i n :  - - - - - - - - - - - - - - - - - - -, 
lwve 
2 1 3 u ~ i  oS,at 
the lawyer you reqdst is in the active military senice and is reawnably available as daamined 
according to AFI 51-201, Aciminisnaljon ofMilitary Justice.  In addition to military counsel, you 
have the right to employ civilian counsel. The Military Component does not pay expenses incident 
to lhe employment of civilian counsel.  Civilian counsel, if employed, must be readily available. 

hours.  Jnstead of the appointed coullsel, you may have another if 

be+  obtained to assist you I 

: at Bldg 503, on 

10.  Confer with your couasel and reply, in writing, within 7 workdays, specxfying the rights you 
choose to exercise.  The statmat must be signed in the presmce of your coumel, who also will 
sign it.  If you waive your right to a hearing before an &m&mtive  discharge board, you may 
submit written statemtits in your behalf  I will send the statements to the discharge authority with 
the case file to be considered with this recomm~ndatioa. If you fail  to respond, your failure will 
constitute a waiver of the right to the board hearing. 

. . 

1 1.  Any  personal information you fumish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use at thPr 437 AMXS Orderly Room. 

\ 

12.  If you reqm a board and you fhil to appear without g d  cause, your failure to appear 
constitutes a waiver of your right to be present at the hearing. 

13.  If you have received advanced educational assistance, sfrecia1 pay, or bonuses, and have not 
completed the period of active duty you agreed to serve, you may be subject to recoupment 

14.  Execute the sttached achowledgment and return it to me immediately. 

Attachment 
1.  Article 15, dated 15 Jun 05 w/athcbenls 
2.  Medical Review Letter, dated 20 Apr 05 
3.  Explanation of diug testing reposswssing, dated 2 Jun 05 
4. Article 15, dated 14 Jan 05 w/ attachments