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AF | DRB | CY2013 | FD 2013 00490
Original file (FD 2013 00490.rtf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
FOIA Exception (b) (6)
GRADE    AFSNISSAN

FOIA Exception (b)(6)


PERSONAL APPEARANCE
RECORD REVIEW


NAM E OVCOtmSF.L AND OR ORCAN17.ATION

ADDRESSAND OR ORCANIZATION OFCOUNSEL






FOIA Exception (b) (6)
MEMBER SITTING

HON

GEN
UOTHC    OTHER

DENY






x+ x+

1.SSUF.S
AOl.00
INDEX NUMBER
A66.00

ORDER APPOINTING THE BOARD
2 APPUCATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOT!FICAT!ON
4 BRIEFOF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDfflONAL EXHIBITS SUBMTITED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING


m:ARJNG DATE     CASE NUMBER

21 Aug 2014      FD-2013-00490

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without 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.

+change narrative reason
*change reenlistment code


FOIA Exception (b) (6)
        _ FOIA Exception (b) (6)





TO:

SAF/MRBR
550 C STREET WES!', SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY Of' THE AIR FORCE PERSOl'iNEL COl!"NOL AIR FORCE DISOIARCJ: REVU:W BOARD
1$.15 COMMAND DR,EE WING, JRD FLOOR
ANDR£WS AFB. MD 2t762-7001


AFHQ FORM 0-2077,JAN 00  (EF-V2Previous






AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER

FD-2013-00490

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 appeared and testified before the Discharge Review Board (DRB), without counsel, at Joint Base Andrews, Maryland, on 21 August 2014.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board grants the requested relief to upgrade the service characterization, change the reason and authority for discharge, and to change the reenlistment code.

ISSUE:

Issue. Applicant contends his discharge for drug abuse based on use of Spice was improper because it was based upon abuse of a substance that was declared off limits after he used it. He contends he lost his individual right to fair judgment as the use of spice was widespread throughout the fire department. He submits proof of this in that his discharge was accelerated to prevent him from reaching the end of his first term of service, in which case he would have received an honorable discharge before the discharge was complete.

The record indicates that the applicant was discharged for Misconduct - Drug Abuse. He received a nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (NJP) for wrongfully using Spice, a prohibited substance, on multiple occasions with the intent to become intoxicated or alter mood or function. This NJP was not complete at the initiation of the discharge. The record does indicate applicant's discharge was accelerated to ensure completion before application reached his natural date of separation. The record contained no additional derogatory data and he received the highest possible rating of 5 on his Enlisted Performance Reports.

The applicant's sworn testimony, supported by the Office of Special Investigations (OSI) Report of Investigation (ROI), was that he was among a group of individuals who used Spice recreationally, in social settings such as barbeques. Spice was readily available for purchase. The applicant stopped using Spice months before the other members of the group did. The applicant testified he stopped using because he saw an email that Spice was prohibited and that it had negative effects. Prior to the email, the applicant thought Spice was no more harmful than alcohol, a nutritional supplement, or an energy drink. The applicant could not remember when he saw that email or exactly when he stopped using Spice but testified the two events were linked. It was not until six months or more later that he was questioned by OSI. At that time, he never consulted an attorney, trusting that being truthful about his use and when he stopped it would be enough. Likewise, when facing NJP and discharge, he did not consult an attorney which may have been a factor in why the applicant did not present evidence that he met the seven retention criteria detailed in Air Force Instruction (AFI) 36-3208 to retain a military member in spite of drug use.

The applicant further testified that he is currently in a position that requires routine drug testing. He has never used an illegal drug and had no intention of abusing drugs when he used Spice. He is embarrassed that his DD Form 214 labels him as a person who has abused drugs. He provided letters of support from his supervisor and evidence of volunteer work.

The Board carefully assessed the applicant's testimony in light of the evidence in the record. The Board















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