PERSONAL  APPEARANCE

X-
x x x x

O TiiE BOARD

010209	FDOI-00015

Case heard at Washington, D.C.
Advise applicant of the decision of the Board, the right to a per!IOllal appearancewith/without counsel, and the right to
submit an application to the AFBCMR

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SAF/MJBR
550 C STREET WEST, SUl'l.'140 RANDOLPH AFB, TX 781SM742
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SECRETARYOF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWSAFB, MD 20762-7002

FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-01-00015	

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

The attached brief	the available pertinent data on the applicant and the factors	the discharge.

FINDINGS: Upgrade of discharge is denied.

The applicant’s issues are listed in the attached brief

Issues 1 and 3.  These issues are similar and will be dealt with jointly. Applicant contends that his discharge is inequitable since it was too harsh		resulting from an isolated incident of drug abuse and without taking into consideration such extenuating circumstances as peer pressure and		illness) and he should not be punished indefinitely for his mistake. Records review revealed that the applicant received an Article 15 for wrongfblly using marijuana on or about May 3 1, 1986. Further, he had previously received a Letter-of Reprimand for being AWOL and was subsequentlyremoved form correctional custody for other misconduct. The Discharge Review Board		thorough review of the available records, found no evidence of inequity or impropriety in the discharge procedures upon which to base an upgrade of discharge. The DRB agreed that the dischargewas based primarily on a single use of marijuana; however, the seriousnessof that misconduct;	drug abuse, outweighs the applicant’s	satisfactory service. The Air Force’s drug policy is well publicized and all are continually made aware that illegal drug use	not tolerated. In the Board’s opinion, the significant nature of the misconduct clearly merited the character of discharge received.

Issue 2 applies to post-service activities. The Board recognized and commends the applicant’s effort in supporting his family in a good job and volunteering time to	religious education at his church; however, no inequity or impropriety in his dischargewas suggested or found in the	the records review upon which to justify a dischargeupgrade.

CONCLUSIONS:	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		the applicant was provided	administrative due process.

view of the foregoing findings the Board fbrther concludes that there exists no legal or equitable basis upgrade of discharge.

Attachment: Examiner’s Brief