AIR FORCE DISCHARGE REVI EW BOARD H EARING RECORD

NAM E OF SERVICE MEM BER (LAST, FIRST.Vl lODLE IN ITIAL)

GRA DE	AFSNISSAN

PERSONAL APPEARANCE
1--     --.--	-1 NAME OF COU!iSEL AND OR ORGANIZATION
l't'.:S	Nu
x
MEMBER SITTING

X	RECORD REVIEW
ADDRESS A:-10 OR ORGANIZ.\ TlON Or COUNSEL

VOTE OF THE BOARD
HON	GEN	UOTHC	OTHER

DENY
x x x
x
x

ISSUES

A94.55

INDEX NUMBER

A67.03

EXHLBITS SUBMITTED TO THEBOARD ORDER APPOINTING TllE BOARD
2  APPLICATION FOR REVIEW Of DISCHARGE
3 LETTER Of NOTIFICATION
4  BRIEF Of PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBM ITTED AT TIME OF
PERSONAL APPEARA NCE
TAPE RECORDING  OF PERSONAL APPEARANCE  I LEARING

HEARING  DATE	CASE NUMBER

11 Dec 2013	FD-2013-00679
APPLICAITT'S ISSUE ANDmE BOARD'S DECISIONAi.. RATIONALE AR£ DISCUSSED ON Tiffi ATTACHED AIR FORCE DISCHAROE REVIEW BOAllD DECISIONAL RATIONALE

Case heard in Washington, D.C.

Advise applicant of the decision of the Board. the r ight 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 or THE AIR f'ORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARll
15.lS COM.\IAN D DR. EE WING. JRD FLOOR ANDREWS AFB. MD 20 62.7001

AFHQ FORM 0-2077, JAN 00	(EF-Y2)	Previous

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00679	

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 Board denies the upgrade of the discharge.

ISSUE:  Applicant received a General discharge for Misconduct - Commission of a Serious Offense

Appl icant contends discharge was inequitable and was based on a false statement made by his roommate. The records indicated the applicant received an Article 15 for attempted use of marijuana, conspired with three other airmen to possess marijuana and traveled together to purchase marijuana, and failed to remain within the allowable mileage radius for Phase III of 150 miles from Sheppard AFB TX. After a complete and thorough review of the applicant 's records the Board found the applicant 's contentions to have no merit. The applicant accepted the Article 15 and response stated that he had a good record prior to the incident; however never mentioned that his roommate made a false statement.  Additionally, he waived his right to respond to the discharge, which would have provided him another opportunity to mention the roomrnate ·s
alleged false statement.  The Board concluded that the negative aspects of the applicant 's service outweighed the positive contributions he made in his Air Force career.   The characterization of the discharge received
by the applicant was found to be appropriate.

The DRB was pleased to see that the applicant was doing well and has a good job .  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.

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