AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE	AFSNISSAN

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF CO	EL

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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 THE BOARD
ADDITTONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HIWUNG  DATE	CASE NllMB£il

05 Sep 2013	FD-2013-00444

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.

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TO:

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

FROM:

SECRETARY OPTIIEAIR PORCI: PltRSONNEL  COUNCIL
AIR fORCE DISCHARC£ REVU:W BOARD 1535 COMMAND DR, ££WING, 3RD FLOOR ANDREWS APB, M.D 20'761-7'01

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00444	

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 indicated that the applicant pied guilty and was convicted of marijuana use under a special court martial and received an Article 15 for marijuana use three months after the court martial conviction. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. After review of the record, the board found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. Additionally, they found no evidence to indicate that the applicant did not know right from wrong or that in his four years and 11 months of service was unaware of the Air Force policy of zero tolerance to drug use. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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