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AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AFSN/SSAN

TYPE

COIJNSEL
YES	NO
x

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

AB

X  RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBERS SITTING

HON

X* X*
x
x
X*

VOTE OF THE BOARD

GEN	IJOTHC	OTllER

DENY

ISSUES

INDEX NUMBER

EXHIBITS SUBMrrTED TO THE BOARD

A94.05

A67.70	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE
6 FEB 03

CASE NUMBER
FD2000-0168

4	BRIEF OF PERSON N E L FILE COUNSEL'S RELEASE TO THE BOAR D
ADDITIONAL EXHll3ITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW HOARD DECISIONAL RATIONALE.

REMARKS
Case heard at Travis AFB, California. Applicant was scheduled to a ppear before the DRB, but failed to respond.

Advise applicant of the decision of the Board.

* Change RE Code to 3K.

TO:

SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

DATE:  6 FEB 03

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCIIARGE R EVIEW ROARD
1535 COMMAND DR, EE WING, 3Ro FLOOR
ANDREWS AFB, MD 20762-7002

AFHQ  FORM  0-2077, JAN  00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMRER

FD00-0168	

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 to exercise this right.

The attached brief contains the availabl e pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is granted.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an impropriety that would justify a change of discharge.  However, after a thorough review of the record, the Board finds that the applicant's character of discharge is inequitable.

ISSUE:  The applicant was discharged for Misconduct - Drug Abuse.  His offenses included receiving an Article 15 for wrongfully inhali ng "Dust Off ', an aerosol gas propellant, and an Article 15 for wearing a black tee shirt with gold lettering.  After a through and complete consideration of the information submitted by the applicant and information contained in the record, the Board concluded there was sufficient mitigation and extenuation to substantiate upgrade of the discharge and to change the reason for the discharge.  The Board also agreed by a majority of the members, to upgrade the applicant's RE Code.

CONCLUSIONS:  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 appl icant was provided full administrative due process.

However, in view of the foregoing findings, the Board further concludes that the overall quality of the applicant's service is more accurately reflected by an honorable discharge and the reason for the discharge is more accurately described as Secretarial Authority.  In addition, the RE Code should be changed to 3K.

Attachment: Examiner's Brief