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

X	RECORD REVIEW
ADD AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC	OTHER	DENY
x x x
x x

ISSUES

A94.53

INDEX NUMBER

A67.10 A66.00

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFJCATION
4 BRIEF OF PERSONNEL FILE COUNSEL'SRELEASE TOTHE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

Hf.ARING DATE	CASE NUMBER

27 Feb 2014	FD-2013-00747

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

SECRETARY Of THE AIR FORCI! PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1$.l5COMMAND DR,Et WING, 3RD FLOOR
ANDREWS AFB, MD 20161-7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00747	

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 (Primary) and Misconduct - Minor Disciplinary Infractions (Secondary)	·

Applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant only stated that he cannot find work with his current discharge characterization.  The record indicates the  applicant received two Article 15s and one Letter of Counseling.   His misconduct included failed to go to morning roll call on time, failed to return to class from lunch on time, used marijuana on several occasions, absent from duty for 30 minutes, failed to refrain from traveling beyond eight hour travel limits of residence, and with intent to deceive made a false statement to a SNCO.   The record shows that the applicant was identified during an OSI investigation as smoking marijuana. The applicant admitted to smoking.  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 seven 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.

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