I 

1 
1 
1 
1 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

I 

I x 
I  NAME  O F  rOllNSEI.  AND OR ORCANl%Al.lON 

PERSONAL APPEARANCE 

1  TYPE  GEN 
1 

CO''NSE1' 

YES 

No 

X 

A1C 
I 

RECORD KEVIEW 
I ADDRESS AND OR ORGANIZATION O F  COUNSEL 

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

MEMBER SITTING 

1 

HON 

I 

OEN 

I 

IJUI'HC: 

I  OTHER 

DENY 

VOTE OF THE BOARD 

................................... 
A66.00 

INDEX NLIMBEH 

1SSIIk;S 

A93.11 
A93.07 

IIEARINC DATE 

I 

CASE NUMRER 

EXHIBITS SUBMITTED TO THE BOARD 

I  0KI)b:It  APPOIN'I'ING THE BOARD 
1  APPLICATION  FOKKEVIEW OF 1)lSCtlARGK 

1 
2 
3 1  LETTER OF NOTIFICATION 
4 
BRIEF OF PERSONNEL FILE 
COUNSEL'S  RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAI, APPEARANCE 

TAPE RECORDING  OF PERSONAL APPEARANCE HE 

17 Jul2007 
APPLICANT'S  ISSUh AND THE BOARD'S  DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RArlONALE 

FD-2006-00272 

Case heard in Washington, D.C. 
I  Advise applicant of the decision of the Board and thc right to submit an applicalion  to the AFBCMR 
1  Names and votes will be made available to the applicant at the applicant's request. 

* CHANGE RE CODE 
+ CHANGE REASON  AND AUTHORITY TO SECRETARIAL AUTHORITY 

" 

- 

L' 

SAFIMRBR 
550 C STREET WES'I',  SUI'I'F 40 
KAND0I.PI-I AFB, TX 78 150-4742 

INDORSEMENT 

I  FHOM: 

DATE:  7/18/2007 

SECRETAR\  OF THE AIR  FORCE PEHSO\\EL  C O I  \( 11, 
%1R FORCE DISCIIARCE RE\ 1EN BO%KU 
153s COMM%NIJ IJR.  FF n l \ i . .   ~ R D  FLOOR 
ANUKEWS AFB. MU 20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2006-00272 

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at 
Andrews AFB on  17 Jul2007. 

The following additional exhibits were submitted at the hearing: 

Exhibit #5: Applicant's  Contentions 

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  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: 

Issue  1.  Applicant contends his discharge was inequitable because it was based on his past drug use. 
Applicant states he was honest about his previous drug use and served a total of 45 months without getting 
into any trouble.  The record shows that the applicant had to obtain a moral waiver to enter the Air Force 
because when he had been arrested for possession of marijuana at the age of 16.  The record also indicates 
that the applicant received a Summary Court Martial (SCM) for wrongful use of marijuana.  The applicant 
pled guilty during the SCM and was found guilty.  I-Xe received a reduction in rank to Airman First Class 
(A1 C) and 20 days hard labor without confinement. 

The applicant testified that at the time of the incident he was under a lot of pressure financially and was 
disgruntled with the Air Force.  He was on leave at the time and went drinking with some friends.  He had 
drank 7-8 beers and they were heading to drink some more.  A friend pulled out some marijuana; he resisted 
at first but gave in later, not really thinking of the consequences.  'The applicant tested positive shortly after 
during a random urinalysis.  The record shows also that the applicant was an excellent performer as revealed 
in his performance reports which were fire-wall five ratings.  After a review of the record and the testimony 
of the applicant, the Board was not able to find any mitigating evidence to substantiate an inequity or 
impropriety.  The Board found the seriousness of the willful misconduct offset any positive aspects of the 
applicant's duty performance and concluded that the charactcrization, reason and reenlistment code 
appropriate for the reasons which were the basis for this case. 

Issue 2.  The applicant contends that he was not credited for the time he served in support of Operation 
Enduring Freedom.  The Board was sympathetic to the impact the loss of these benefits was having on the 
applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.  The Board 
will contact the Personnel Center at Randolph Air Force Base, Texas regarding the discrepancy of the 
applicant's foreign duty time. 

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  01 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 ~pplicantls discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR  FORCE 

AIR  FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former A1C)  (HGH SRA) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF Seymour-Johnson AFB, NC 
on 21 Nov 05 UP AFI  36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for 
Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 30 Aug 79.  Enlmt Age: 22 1/12.  Disch Age: 26 2/12. Educ: HS D I P L .  

AFQT: N/A.  A-52,  E-64,  G-55,  M-69. PAFSC: 2W051 - Munitions Systems 
Journeyman. DAS: 3 Sep 04. 

b.  Prior Sv: (1) AFRes 3 Oct 01 -  3 Dec 01  ( 2  months 1 day) (Inactive) . 

3.  SERVICE UNDER REVIEW: 

a,  Enlisted as AB 4 Dec 01 for 6 yrs. Svd: 03 Yrs 11 Mo 18 Das, all AMS. 
b.  Grade Status:  A1C -  29 Sep 05  (SCM, 15 Sep 05) 

SrA -  18 May 04 
A1C -  18 Jan 02 

c.  Time Lost:  None. 

d.  Art 15's:  None. 

e ,   Additional: None. 

f.  CM:  Summary Court Martial -  15 Sep 05 

CHARGE:  Article 112a.  Plea: Guilty.  Finding: Guilty. 

Specification:  Did, in the continental United States, between 
on or about 25 Jun 05 and on or about 25 Jul 05, wrongfully use 
marijuana.  Plea: Guilty,  Finding: Guilty.  Sentence adjudged on 
15 Sep 05:  Reduction to AlC(E-3), and 20 days hard labor without 
con£ inement . 

g.  Record of SV: 04 Dec 01 -  15 Jul 03  Davis-Monthan AFB  5  (HAF Dir) 
16 Jul 03 -  15 Jul 04  Davis-Monthan AFB  5  (Annual) 
16 Jul 04 -  15 Jul 05  Seymour-Johnsont AFB  5  (Annual) 

h.  Awards &  Decs:  AFAM, NDSM, AFTR, GWOTEM, GWOTSM, AFGCM. 

i.  Stmt of Sv:  TMS: (04) Yrs  (01) Mos  (19) Das 
TAMS:  (03) Yrs  (11) Mos  (18) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 19 Jul 06. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF. 

ATCH 
1. Applicant's Issues. 
2. DD Forms 214  (Member 4&1) . 
3. Request and Authorization for Separation. 
4 .   Personal data Sheet. 
5. Three Enlisted Performance Reports. 
6. Air Force Achievement Medal. 
7. Eight Training Certificates. 
8. Enlistment and Promotion Certificates. 
9. Seven Training Certificates. 
10. The Enlistement Oath. 
11. USAF Drug and Alcohol Abuse Certificate. 
1 2 .   Job Screening Worksheet. 

Review Board: 

In reference to #6 on my discharge application  the following issues 

are the reasons my status of discharge should be changed to honorable and 
proof of serving in Operation Enduring Freedom should be noted on my DD 
Form 214. 

1.  When I ertlisted I was honest about my previous drug use.  I served a total 
of 45  months without getting into any trouble.  The only time I got into 
trouble I was generally discharged.  I believe that because of my past drug 
use I was not given a second chance and was generally discharged instead of 
honorably discharged. 
2.  I was deployed to Pakistan for 23 days when my father passed away from 
a sudden heart attack.  I returned for his funeral with emergency leave. 
Upon returning to DMAFB I did not have to go back to Pakistan.  There is no 
record of my time served in Operation Enduring Freedom.  I believe that my 
time spent serving my country should be credited on my DD Form 214. 

Thank you for your time in reviewing m),  package. 

DEPARTMENT OF 'THE AIR FORCE 

4th FIGHTER WING (ACC) 

SEYMOUR JOHNSON AIR FORCE BASE NC 

FROM:  4 EMSICC 

SUBJECT:  Notification Memorandum 

1.  I am recommending your discharge from the United States Air Force for Misconduct:  Drug 
Abuse.  The authority for this action is AFPD 36-32, Military Retirements and Separations, and 
AFI 36-3208, Administrative Separation ofAirmen, paragraph 5.54.  Copies of the documents to be 
forwarded to the separation authority to support this recommendation are attached. 

2.  My reasons for this action is: 

a. . Between on or about 25 Jun 2005 and on or about 25 Jul2005, you wrongfully used 
marijuana.  This action is documented in a Report of Result of Trial, dated 15 Sep 2005 (tab 1 a). 

b. On or about 1 Aug 2005, the Drug Testing Laboratory, Brooks AFB, Texas reported positive 
confirmation for the presence of Marijuana (THC) in the urine specimen submitted by you.  This 
statement is documented in a memorandum from 4 MDOSISGOH, dated 3 Aug (tab lb). 
. - - - - - - - - - - - , 
. - - - - - . 
c.  The urine specimen identified by Base Identification Number F5740009960, SSAN; - - - - - - - - - - J 
: and Laboratory Accession Number B050713 8 175, was confirmed positive for marijuana at 
: L..-..l 
a level of 149 ng/mL,  This statement is documented in a memorandum from AFIOHISDT (Drug 
Testing Division), dated 3 Aug 2005 (Tab lc). 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The cornnlander exercising SPCM jurisdiction or higher authority 
will decide whether you will be discharged or retained in the United States 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 Forcc and any special pay, bonus, or education assistance h d s  may be 
subject to recouprnent. The separation authority will make the findings and recommendations 
required under  10 U.S.C. Section 2005(g). 

receive an extension for good cause shown.  I will send them to the separation authority. 

6 .  If you fail to cansult cause1 or to submit statements in your awn behalf, your failure will 
constitute a waiver of your right to do so. 
--------------- 

7.  You have been scheduled for a medical exarninatian.  You must report to -! 
\ 

\ 3 5  L hours for the examination. 

bJ cy US 

, at 

. - - - - - - - - - - - - - - r  

: on 

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 at Area Defense Counsel's Office or Orderly Room. 

9.  You have been scheduled for mandatory Transition Assistance Program (TAPs) counseling on 
'3  woJ 
counseling. 

2005 at  1300 1, hours.  You must report to building 3602 for your TAPs 

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

Attachments: 
1.  Supporting Documents 

Commander 

a.  Report of Result of Trial, dated 15 Sep 2005 
b.  4 MDOSISGOHF Memorandum, dated 3 Aug 2005 
c.  AFIOWSDT (Drug Testing Division) Memorandum, dated 3 Aug 2005 

2,  Airman's Receipt of Notification Memorandum 
3,  Airman's  Statement 
4.  Medical Examination 
5.  EPRs 
6.  Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or 
Bonuses 

.