NAME 01; SERVICE MEMBER (LAST, FIRST MIIIDLE INITIAL) 

GRADE 

AFSNESAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

\TYPE GEN 

( 

I 

I 

PERSONAL APPEARANCE 

/  x 

1 

I 

RECORDREV~EW 

NAME OF COUNSEL AND OR ORCANI'WTION 

ADDRESS AND OR OKGANlZATlON OF COllNSEL 

1 

- HON \ G E N ~ ( U O . T I I ( .  

VOTE OF THE BOARD 
--- 

u 

1  O I I I E R   1  DENY 

- 

YES 

No 

I 

MEMBER SITTING 

ISSUES 

A92.35 
A91.05 

INDEX NUMBER 

A66.00 

L 

1 

I 

I 
I  EXHIWTS StrBMITTEO TQ THE SOARD 

I 

1 
2 
3 
4 

I 

ORDER APPOINTING TIIK BOARD 
APPI.ICATION  FOR REVIEW  01.  DISCHAKGB 
L t  1.1  ER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RF,I,EASE TO THE BOARD 
ADDYTIONAI. EXHIBITS SUBMITTED AT 'I'IME OF 
PERSONAL APPEARANCE 

1  TAPE  RECORDING  OF PERSONAL APPEARANCE  HE 

1 

1 
I 

- . -- 

1  HEARING DATE 
1  13 Mar 2007 

-  - 

CASE NlJhlRER 

1  FD-2006-00185 

I 

1

I 

'

 

APPtICAM'b  ISSUE AND THe BOARD'S D E C I S ~ O W ~ L  RATIONAL  ARE DISCUSSED ONTHE A'lTACliFD AIR PORCE DlSCWIROE REVIEW BOARD DECISIONAL RATlOh ALE 

Case heard in Washington, D.C. 

Advise applicant of the decision of the Board, the right to a personal appearance with/withoi~t coilnsel, 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 Ai~thority 
+  Reenlistment Code 

i 

550 C S'l  KLCT WFS I. SUITF 40 
RANDOLPH  AFB, TX 78 150-4742 

ANL)REWS AFB. MU 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

w 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE 

CASE NUMBER 

FD-2006-00185 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the 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 and based on one isolated incident in 
46 months of service.  The records indicated the applicant received an Article  15 for misconduct.  The 
Article  15 was for wrongful use of marijuana.  He was punished with a reduction in grade to Airman First 
Class and a suspended forfeiture of pay.  The Board concluded the applicant's  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 SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Langley AFB, VA on 01 
Oct 01 UP AFI 36-3208, para 5.54 (Misconduct -  Drug Abuse),  Appeals for 
Honorable Discharge, to Change the RE Code, and the Reason for Discharge. 

2.  BACKGROUND: 

a. DOE: 23 Sep 78.  Enlmt Age: 18 9/12.  Disch Age: 22 0/12. Educ: HS DIPL. 

AFQT: N/A.  A-45,  E-41,  G - 5 2 ,   M-37. PAFSC: 2S051 -  Supply Management 
Journeyman. DAS: 20 Jun 98. 

b.  Prior Sv: (1) AFRes 26 Jun 97 -  11 Nov 97 (4 months 16 days) (~nactive) . 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 12 Nov 97 for 4 yrs. Svd: 03 Yrs 10 Mo 20 Das, all AMS. 

b.  Grade Status:  A1C -  28 Aug 01 (~rticle 15, 28 Aug 01) 

SrA -  12 NOV 00 
A1C -  12 Mar 99 
Amn  -  12 May 98 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 28 Aug 01, Langley AFB, VA -  Article 112a.  You, did, 
between on or about 18 May 01, and on or about 18 Jun 
01, wrongfully use marijuana.  Reduction to AlC. 
Suspended forfeiture of $644.00 pay.  (No appeal)  (No 
mitigation) 

e.  Additional: None 

f.  CM:  None. 

g.  Record of SV: 12 Nov 97 -  11 Jul 99  Langley AFB  4  (Initial) 
12 Jul 99 -  11 Jul 00  Langley AFB  3  (Annual) 
12 Jul 00 -  11 Jul 01  Langley AFB  4  (Annual) 

h.  Awards &  Decs:  AFTR, AFOUA W/1 DEV, AFGCM, AFEM. 

i.  Stmt of Sv:  TMS: (04) Yrs  (03) Mos  (06) Das 
TAMS: (03) Yrs  (10) Mos  (20) Das 

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

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

Discharge) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's  Issues. 
2. DD Form 214. 
3.  Two Enlisted  Performance Reports. 
4.  Superior Performance Report. 
5. Good Conduct Medal. 
6. Armed  Forces Expeditionary Medal. 
7. Two Certificates of Appreciation. 
8. Certificate of Promotion. 
9. Discharge Correspondence. 
10. Five Letters of Support. 

APPLICATION FOR THE REVIEW OF DISCHARGE 

FROM THE ARMED FORCES OF 'THE UNITED STATES 

(flease r e d  instmctions on Pages 3 and 4 BEFORE completing this application.) 

I  Form Approved 

OM6 NO. 0704-W04 
Expires Aug 31, 2006 

I 

Tho  public reporting bur- 
f w  rhla e ~ 8 u p k n  of  I n t m d m  la 4 r m t . d  t~ a v o n g l 3 0  mlnutma prr n s p m n ,  including tha Dime for rmvimwing inrt~ctlon.,  rarrahlng axirting data 8ourcrr. 
urnthoring and rnivrWnlnp rh. h l a  n d .
of  Informstlon.  SInd wmmonta mgudng l h h  burdm arrimoto or any othar asp.ct of h l a  collrcticm 
of Infomuilon. lnhrdina .uom8lionr fa raduclna tha burdn. to U!o  hodmmnr of f h f ~ n r .  Er*cvliva  5.rvlcr~ and Communioatbru hractwna l07M0004l. Ruoondmnla .hwid ba awaro 
mat  nohvnhamncting any  ~ m a r  pmWm of  law-no  p a m n  dull be r"'bi*cr  to any  penalty for f j l h g  1. comply bvhh  r  c M o n  of  nfomuuon if it &I* 
not &*play  l cunrndy valid OM@ 

PLEASE W  NOT AETUR~ YOUR  FORM TO THE  ABOVE  OROANIZATION.  RETURN  COMPUTED FORM TO THE APeF\OPRIATE ADDRESS ON I 

 mnd cmplrtlng and rwlm*ring tho urli.c?jon 

1 conod numb:. 

-  -- 

BACK OF THIS PAOE. 

PRIVACY ACT STATEMENT 

. - 

AUTHORITY:  10 U.S.C.  1563: E.O.  9397. 
PRINCIPAL WRPOSE(S):  To apply for a change in the characterization or  reason for military discharge issued to an individual. 
ROUTINE USE(S):  None. 
DISCLOSURE:  Voluntary; however,  failure to provide identifying information may impede processing of this application.  The request for 
Social Security Number is strictly to assure proper identification of the individual and appropriate records. 
1.  APPUCANT DATA  (The DwEon whme discharoe is to be reviewed).  PLEASE PRINT OR  TYPE INFORMATION. 
..BRANCH OF  VICE IX onel  I 
I MARINE CORPS 
h..NAMEIkpt.  F ~ ~ i d d ( u W t i o U . ~ ,  -.-....-.-....-. 
-  -------------------- 
 DATET TI ON 4.  DISCHARGE CHARACTERIZATION RECEIVED (X om) 
IYWYMMDD) Ilf  date is more than  16 yearn 

1  COAST GUARD 
- - - - 
$ g ~ l A A - ~ W ~ - ~  

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

I X I AIR  FORCE 

c.  GRADEIRANK  AT DISCHARGE 

I ARMY  I 

r -  7 
L c L  

NFMB€R 

. 

NAVY 

I 

1  CHANGE TO HONORABLE 

1  HONORABLE 

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

ti.  BOARD ACTION REQUESTED lX one) 

I 

OR  SEPARATIO 

1  7. /X if a~dicable) AN  APPLICATION WAS PREVIOUSLY SUBMITTED ON IYYYYMMOOl 

. . 

AND M I S  FORM IS SUBMITTED TO ADD ADDITIONAL ISSUES, JUSTIFICATION,  OR  EVIDENCE, 

8.  IN SUPPORT OF M I S  APPUCATION. THE FOUOWING ATTACHED DOC- 

If d h r y  documsnta or mdieslrscordm are &want 

to your case, pleane  and c0piss.l  dbllq, / , e r ~ l % ' c ~ ~ ~ ~ ,  
**  4-4 be c*-, 

p * * o ~ a l  9-  f --.rT 

 

ARE SUBMI rED AS tVIDENCE:  {Conrinue In /tern  17. 
E P K ~ ,  (*  rrrr r  e) 

T .  

, & c . m ~ = ~ ~ a ~ ; o ~ ~  
~ + ~ t a ~ C . - ~  

Jfi*  P A* & a - 4 ~ .  

L t r ~ e r  *)  &a&ar;ah,  M ~ J / S ,
d 

9.  TYPE OF REVIEW REQUESTED /x one) 

CONDUCT A RECORD REVIEW OF MY OISCHARGE EASED ON MY MIUTARY PERSONNEL FILE AND ANY ADDITIONAL DOCUMENTATION 
SUBMITTED BY ME.  I AND/OR /cwnseVreprc~entstIvs~ W I U  NOT APPEAR  BEFORE THE BOARD. 
I I AND/OR Icwmeb'raprapentetiwl WISH TO APPEAR AT A HEARlNCI AT NO EXPENSE TO THE GOVERNMENT EFORE THE BOARD IN M E  

C.  E-MAIL 

d.  FAX NUMBER Ilncluda Area Code1 

I 

1 

11.  APPLICANT MUST SIGN IN ITEM 13.8.  BELOW.  If the record In quwtlon I8 that of a daconsed or Incompetent paraon, LEGAL PROOF OF 

DEATH OR  INCOMPETENCY MUST ACCOMPANY THE APPUCA11ON.  It the qqdlwtlon I8 8lgned by othw than the applicant, indicate 
thm name /print) 
SPOUSE 

and rdatlonrhlp by marklng a box M o w .  
CEGAL REPRESENTATIVE 

NEXT OF  KIN 

WIDOWER 

WIDOW 

OTHER ISpecify) 
(  ~ . ~ ~ e u c w  
W.MBEBJM@ 

code) 

12.0. CURRENT MAILING ADDRESS OF APPLICANT OR PERSON ABOVE 

I 

YLY----------r---.---------. 

13.  CERTlRCAllON.  I make h a  foragoha rtatemntr.  as pwt of m  cldrn.  wlth full knowledgo of tha 
ponddo.  hudved for willfully m.klnp  I td..  m t a m m o n t  or ddm. ~u.s. Code, Title  18, Sections 287 
a@  l e i ,  provide rhat an individual shall ha fined under this title or imprisoned not more then 5 years, 
or both.) 

a.  S I O N A T S  - REQUIRED 14Hcjnt w person In Item 11 above) 

------------ 

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

b.  DATE SIGNED - REQUIRED 

/YWYMMDD) 

PREVIOUS EDITIONS ARE OBSOLETE. 

CASE NUMBER 

/Do not write in this space.) 
pb ~ o ~ - D o / ~ ~  

I 

Page 1 of 4 Pages 

To Whom It May Concern: 

My discharge is improper because the basis for my discharge, as well as the narrative 
reason for separation, are represented in the wrong light and is left too open for 
interpretation.  The basis was drug abuse or use of a controlled substance, which the 
statement in itself allows for ones own interpretation and opinions to take over, 
transforming your perception, and just as in a sexual harassment case perception is, for 
the most part, reality.  My actual offense was using hemp juices as well as oils for healthy 
alternative cooking and eating. These products are legally available at numerous 
nutritional, health, and organic stores.  My question is, how can I be judged so harshly 
and generally if the offease was committed unlmowingly, not to mention no infarmation 
was made available by the United States Air Force at any level on such products and their 
potential to show up on a random drug screen.  To be accountable one must know all the 
facts, or at the very least the pertinent ones.  Airmen received no such restrictions or 
warnings of any kind for these products or similar products.  Thank you for your time and 
consi&ration on this matter. 

;------------------.--- 
Very Respectfully, f 

- - A  -.-.-....-.-., 

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS I ST FIGHTER WINO 

LANGLEY AIR FORCE BASE VA 

MEMORANDUM FOR A1 C 1..  -. . . . -. . -. -. . - - - - - - - - - - - - - - - - - - - - - - - UMUM - - - - - - - - - - - - - - - - - -: 

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

1 ?  SEP  2001 

FROM:  10 IS/CC 

i 

SUBJEC.T; 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) or under other than honorable conditions.  I am recommending 
that your service be characterized as under honorable conditions (general). 

2.  My reason for this action is that between on or about 18 May 01 and 18 Jun 01, you 
wronghlly used marijuana as evidenced by a positive urinalysis test (see Attachment la).  You 
received nonjudicial punishment on 28 Aug 01, which consisted of a reduction to Airman First 
Class, suspended forfeiture of $644.00 pay. 

3.  Copies of the documents to support this recommendation are attached and will be forwarded 
to  the  separation  authority.  The  separation  authority  will  make  the  frndings  and 
recommendations  required  under  10  U.S.C. 2005(g)  regarding  recoupment  of  education 
assistance funds, if applicable.  The commander exercising special court-martial jurisdiction or 
a higher authority will decide whether you will be discharged or retaiued 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 
you.  I have  made  an  appointment for you  to  consult Captain i 
i,  Area 
-.-..-....-..-.-..-....-... 
\ 8 SQQ 2001, 
Defense Counsel, 54 Willow Street, Bldg. 147, Ext. 5607 at \ \ 00 hours on 
You may consult civilian counsel at your own expense. 

I 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me 
unless you  request and  receive  an  extension for 
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 the 1st Medical 
Group,  Physical  Exam  Section at  \L\3('7  h o w  on 
2001  and  an 
additional examination will be scheduled if necessary. 

\7 Sep 

8.  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 in the unit orderly room. 

9.  Execute the attached acknowledgment and return it to me immediately. 

-----------  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I  
10th Intelligence Squadron. 

&riE&der, 

Attachments: 
1.  Supporting Documents 

a.  Art 15,28 Aug 01 

2.  Receipt of Notification Memorandum