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

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RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

R SITTING	
HON	
GEN		
DENY	
			UOTHC	OTIIER		
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MBER	A66.00				

MEMBE	

ISSUES	A94.53	

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INDEX NU	
		l	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LETTER OF NOTIFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL' SRELEASE TO THE BOARD	
			ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE HEARING	
HEARING DATE

03 Oct 2013	CASE NUMBER

FD-2013-00550			
		
Case heard in Washington, D.C.

Ad ise 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.	

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

SECRETARY OFTHE AIR FORCI! PeRSON.NE L COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 15JS COMMAND DR, EE WINO, JRD FLOOR ANDREWS AFB,MD 20761 7001

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

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE        FD-2013-00550

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 submitted no issues regarding the inequity or impropriety of his discharge. He states he is asking for a second chance to correct his mistake. The record indicates that the applicant received an Article 15 for wrongful use of marijuana. The record shows that the applicant was found to be positive  as a result of a random urinalysis and admitted to the use. 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 two years 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.

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 30 January 2008) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

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