The opinion of the court was delivered by: GREEN
CLIFFORD SCOTT GREEN, UNITED STATES DISTRICT JUDGE
Plaintiff enlisted in the Air Force on June 6, 1980. A urinalysis test conducted on June 3, 1982 disclosed the presence of THC indicating marijuana use. On July 14, 1982, the Air Force issued a letter to plaintiff notifying him that, as a consequence of the urinalysis test result, discharge proceedings were being instituted against him.
Plaintiff states in his complaint that Air Force officials promised that he would receive an honorable discharge, and therefore he signed a statement which in pertinent part states:
1. I have been notified by my commander that I am being recommended for discharge under AFM 39-12, Chapter 2 Section I, Paragraph 2-109, and of the specific reason(s) for the proposed discharge. I have also been notified that an airman recommended for discharge under Section I is entitled to request a waiver, in writing, of the following rights:
a. To present my case before an administrative discharge board.
b. To be represented by military counsel.
c. To submit statements in my own behalf.
2. I state that military counsel has been made available to me and that I have been notified of my right to employ civilian counsel if I so desire.
3. I hereby offer a conditional waiver of the rights associated with an administrative discharge board hearing (the condition being that I will be offered an honorable discharge). I will not be submitting statements in my own behalf.
4. I have voluntarily signed this statement and retained a copy thereof.
Directly above his signature and the signature of the Acting Area Defense Counsel is the following: The preceding statement of SRA Bruce A. Bernstein, 208-44-2652 was his decision, signed by him following counseling by me and after he was advised of his rights and privileges.
In fact, plaintiff received an honorable discharge; however, the discharge contains a code to indicate that the reason for separation was plaintiff's ...