x

x

x

x

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)	GRADE

PERSONAL APPEARANCE

x

RECORD REVIEW

ADDRESS Al'IDOR ORGAN.IZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

x

ISSIJES	A92.01	INDEX NUMBER	A66.00	
		I	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LETTER OF NOTIFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONAL EXHIBITSSUBMITTED AT TIME OF PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE  HEARING	
HEARING DATE

02 Aug 2013	CASENUMB£R

FD-2013-00248			
	
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.	

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

SECRETARY OFTHIAIR FORCE PERSONNEL COUNCIL AIR FORCE DlsafARGE REVIEW BOARD 1535COMo\IAND DR. EE WING,3RD F\.OOR
ANDREWS AFB,MD 20762-1001	

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00248	

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

The applicant was offered a personal  appearance before the Discharge  Review Board (DRB) but declined and requests that the review be completed based on the available service record.

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

FINDING: The Board denies the upgrade of the discharge.

ISSUE: Applicant received a General discharge for Misconduct - Drug Abuse

Applicant states that his discharge did not take into account the good things he did while in the service.
The record indicates that the applicant pied guilty and was convicted by a special court martial for use of ecstasy.   After review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in his six years and 10 months of service was unaware of the Air Force policy of zero tolerance to drug use.  The Board found the negative aspects of the willful misconduct outweighed the positive aspects of the applicant's performance and concluded that the discharge was appropriate

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

Attachment: Examiner's Brief