ATR FORCF, DISCH ARGE REVIEW BOARD HEARING RECORD
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1	ORDER APPOINTING THE BOARD

IiEARING DATE
23 Jul 02

CASE NVMEU!:R
FD·00--00040

2	APPLICATJON WR REVJEW 01' DISCHARGE
3	LETTER OF NOTIF!CATION
4	nRmF OF PERSONNEL FILE COUl\SEl..'S Rl:'.l, Ase: TO 'fHF. OOARD
ADDlTlONAL EXHIBITS SUBW.!TTED AT TIME OF PE'BSO'.\iAL A.C. f'EARANCE

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Rli:.MAkKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appeiu·ance with/without counsel, and the right to submit an applic.ation to the AFBCMR.

SAWMlHR
550 c STREET WEST, &urn.:: 40
RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077,JAN 00

sr.CRETAUY {)}' TH K All l'OHCE PERSONNEL COUNCIL
AlR FOR(;ll DlSCllAll.GE RLV!EW !l01\RD 1535 COMMAND DR, EE WINO, l"' FLOOR ANDRJ::WS Afl!, MD 207ol·7002
(RF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL RATIONALE	CASE Nl!M:BER

FD-00-00040	

GENERAL: The applicant appeals for upgrade of dischargc to Honorable and change of reason for discharge

The applicant was offored a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right	=

The attached brief contains the available pertinent data on the applicant and the factors leading to the
<:lischarge.

FINDINGS: Upgrade of discharge and change of reason for discharge are denied

The board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety, which would justify a change of discharge.

The applicant's issue is listed in the auached brief.

Issue. Applicant contends discharge was inequitable because it was too harsh. The information provided by the applicant and contained in his records was carefully reviewed by the DRB. The records indicated the applicant received an Article l 5 for misconduct. The misconduct was for drug abuse, wrongfully using marijuana. The DRB opined that drug abuse, particularly by an NCO, is not compatible with Air Force standards. The applicant claimed that he did not smoke marijuana but was present when others did. He also stated that he should have been retested dne to the controversy surrounding drug testing in the early 1980's. Extensive scientific testi ng has indicated that the casual passive inhalation of marijuana will not result in a positive urine specimen. Procedures for testi ng urine samples are carefully followed to ensure their validity. If there had been a suspected chai n of custody violation, the member and his chain of command \vould have been notified at the time. The member did not present any evidence to the contrary indicating that he believed that there was such a violation. The Board concluded the  misconduct outweighed the otherwise satisfactory perfonnance of this member

CONCI,lJSIONS: 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 that 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 tbr upgrade and change of reason for discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief