AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE	AFSNAN

X	RECORD REVIE
ADD AND OR ORGANIZATION OFCOUNSEL

MEMBER SITTING

HON	GEN

UOTHC	OTHER	DENY
x x x x
x

ISSUES

A92.3S

INDEX NUMBER

A66.00

1 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

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TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HltARING  DAtt	CASE NUMBER

19 Jul 2013	FD-2013-00377

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 OF THE AIR FORCE PERSONNEL COUNCl.L AIR FORCE DISCHARGE REVIEW BOARD
ICOM\\IAND DR, EE WING, JRD FLOOR
ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00377	

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.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE: The record indicates that the applicant was discharged for Misconduct-Drug Abuse. Applicant contends his discharge occurred due to one isolated incident and the incident would have remained in question if he had not admitted to drug use. The records indicated the applicant received an Article 15 for wrongful use of marijuana on 22 March 2002. The applicant consulted with the Area Defense Counsel and waived his right to submit statements regarding his discharge action. According to AFI 36-3208, paragraph 5.54, Misconduct: Drug Abuse, drug use is incompatible with military service and Airman who abuse drugs one or more times are subject to discharge. Drug abuse for the purpose of this regulation is the illegal, wrongful, or improper use, possession, sale, transfer, or introduction onto a military installation of any drug. This includes improper use of prescription medication. The term drug includes any controlled substance in schedules I, II, III, IV, and V of Title 21 U.S.C., Section 812. 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 one year and four 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