AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

•GRADE

AFSN/SSAN

RECORD REVIEW

ADDRL S A:W OR ORGANIZATJON OF COl!l'ISEL

A94.53

MEMBER SITTING

INDEX Nl.'MBER	A66.00

HON	GEN	UOTHC	OTIIER	DENY
x x x
x x

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO TIIE BOARD
.  DITI  N	IBITS SUBMITTED AT TIME  F
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HUJUlllG DATE	CASE SUMBEJl

22 Oct 2004

FD-2002-0404

Case heard at Washington, D.C.

The applicant was scheduled for a personal appearance before the Discharge Review Board via video teleconference with Travis AFB, CA and Andrews AFB, MD, but failed to appear without requesting a postponement.

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

S£CJl.ITAR\' OF lllE AIR FORCE Pl:RSONNCL COl!l"CIL
AIR FORCE DJSCBAJIGI: REVIEW BOARD 15J5 COM'.\IAND DK, l:lWING, 3RD JLO()R
ANDJlEWS lt.FJI, MD l0'7U·'7G02

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2002-0404	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was scheduled for a personal appearance before the Discharge Review Board via video teleconference between Travis AFB, CA and Andrews AFB, MD, on October 22, 2004, but after acknowledging intent to appear failed to do so without requesting a postponement.

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

FINDINGS:  Upgrade of discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE: Applicant was discharged for drug abuse after a civilian arrest for public intoxication and possession of marijuana. At the time of the discharge, member admitted he had possessed the marijuana, but had only been holding it for his cousin. Member denied any pre-service or in-service illegal use of drugs, and requested he be retained. Member and his defense counsel argued that member met all seven retention criteria in that he had not distributed, used, or brought illegal substances on base. They also noted that possession of the marijuana was a departure from member's usual behavior, resulting from a lapse in judgment. After considering member's submission, the commander nevertheless determined discharge was appropriate. The Board concluded applicant's misconduct was a significant departure from  conduct expected of all military members and the characterization of the discharge received was 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