AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

PERSONAL  APPEARANCE

x	RECORD REVIEW
ADDRF.SSAND ORORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC	OTHER

DENY

X*+ X*+ X*+
X*+

ISSUES

A92.35

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 RELEASETO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

X*+

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

11Dec 2013

FD-2013-00607

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.

*Narrative Reason and Authority
+RE Code

TO:

SAFIMRBR
550 CSTREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OFTHE AIR FORCE PEltSOt'INEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR,Et 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-2013-00607	

GENERAL:	The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and authority for the discharge, and to change the reenlistment code.

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 request for the upgrade of the discharge, to change the reason and authority for discharge, and to change the reenlistment code are denied.

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

Applicant contends discharge was inequitable because it was based on an isolated incident.   The record indicates that the applicant received an Article 15 use of marijuana.  The record shows that the applicant was tested positive during a random urinalysis.  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 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