RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-00246
		INDEX CODE 104.00 106.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His 2002 dismissal from the USAF Academy (USAFA) be changed to an honorable, or general, discharge.

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APPLICANT CONTENDS THAT:

He was court-martialed for attempted use and distribution of Ecstasy one year after the incident occurred. Prior to that time, he had not been in trouble or involved with illegal drugs and was an outstanding cadet. He attended a six-hour seminar for alcohol/substance abuse. The psychiatrist determined he did not meet the criteria for substance abuse or dependence. He has gone on to prove himself a law-abiding citizen who has been rehabilitated.  However, the dismissal compromises his ability to live up to his potential. He already has a Federal conviction and has to repay the government for his education. Each of these challenges is daunting, but he believes he will not be able to overcome the burden of a dismissal.

The applicant’s complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant took the oath of office and entered the USAFA Class of 2002 on 30 Jun 98 directly from high school. 

In the fall of 00, a cadet in the applicant’s squadron told him about the “positive” effects of using Ecstasy. Ecstasy is a Schedule I controlled substance. It is taken orally, usually in tablet or capsule form, and its effects last approximately four to six hours. Users say it produces profoundly positive feelings, empathy for others, elimination of anxiety, and extreme relaxation. Ecstasy can cause adverse effects such as nausea, chills, sweating, involuntary teeth clenching, muscle cramping and blurred vision. Around Sep/Oct 00, the applicant purchased pills from this cadet, who told him they were Ecstasy. The applicant in turn sold these pills for the same amount of money to his girlfriend, who had expressed interest in obtaining the drug for herself and her friends. Following a second purchase, the applicant and his girlfriend ingested one pill each on 14 Oct 00. The applicant only felt somewhat nauseous, light-headed and disoriented after ingesting the pill. Less than 24 hours afterwards, the applicant provided a urine sample that was negative for any controlled substances. It could not be determined if the pills were, in fact, Ecstasy. 

In a plea bargain on 11 Oct 01, the applicant pled guilty to attempted wrongful use and distribution of Ecstasy. On 12 Oct 01, he was found guilty by general court-martial and sentenced to five months of confinement, forfeiture of $300 pay per month for nine months, and dismissal from the Air Force. He attended no classes after this date.

On 10 Jul 02, the applicant was dismissed from the Air Force after four years, one month and seven days of active service.

On 27 Sep 02, the Secretary of the Air Force Designee determined the applicant was required to reimburse the government for his pro-rated cost of education (approximately three full years and 65 academic days). This resulted in a debt of approximately $108,531.

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AIR FORCE EVALUATION:

HQ USAFA/JA asserts drug use and distribution, either attempted or completed, is a serious crime in the military. Military members are fully informed of the serious nature of the abuse of illegal drugs. The applicant made a conscious choice to ignore his oath and violate the law.  He was appropriately dismissed. To change the dismissal to an honorable administrative discharge would be a slap in the face to anyone who served honorably and upheld the law. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contends this was an isolated attempted use and distribution on not more than one occasion. He regrets this mistake and has done his best to redeem himself. He attended the substance abuse seminar to help him understand why he made the choices he did. He asks for an honorable, or at least a general, discharge so he may get on with his life in a productive manner.

A complete copy of the rebuttal is at Exhibit E.
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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded his dismissal from the USAFA should be changed to an honorable or general discharge. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the evidence of the record and the rationale provided by the Air Force. The applicant contends this isolated incident was overcome by his otherwise stellar performance as a cadet. We disagree. Whether or not the substance he purchased was, in fact, Ecstasy is irrelevant; his intent to purchase, use and sell an illegal drug was clear. This was in violation of his oath and the law. Further, the applicant was discharged less than two years ago and, other than his own assertions and an unofficial university transcript, has not established to our satisfaction a substantial post-service history of rehabilitation and responsibility. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to grant the relief sought on the basis of error, injustice, or clemency and conclude this appeal should be denied.

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 7 April 2004, under the provisions of AFI 36-2603:

						
The following documentary evidence relating to AFBCMR Docket Number BC-2004-00246 was considered:

   Exhibit A.  DD Form 149, dated 15 Jan 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ USAFA/JA, dated 3 Feb 04.
   Exhibit D.  Letter, SAF/MRBR, dated 27 Feb 04.
   Exhibit E.  Letter, Applicant, dated 29 Mar 04.

                                   Panel Chair