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

X	RECORD REVI

x	JEFFREY  T. HAWKINS

ADDRESS AND OR ORGANIZATION O• COUNSEL

17800 13TH ST STE 108 BEALE CA 93437

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x x
x

A66.00
A92.21	I ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO 11IEBOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

IO Jan 2014	FD-2013-00579

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

FROM:

SECRETARY Of ll!E AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
ISJS COMMAND DR, EE WING, 3RD FLOOR
ANDREWSAFB. MD2076! '7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00579	

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 The record indicates that the applicant was pled guilty and was convicted under a Summary Court Martial for use of marijuana. 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 11 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 DRB was pleased to see that the applicant was doing well and attending school.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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 December  18, 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