NAME OF SERVlCJi: MEMBER (LAST, FIRST MIDDLE INITIAL)

G.RAD.E

AFSN/SSAN

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

PERSON.ALAPPEARANCE
NAME OF C01JNlll:L AND 011.0KGANJZATIOI'(

MEMBERS SITTING
i

X   RECORD REVIEW
ADDUSS ANDOll ORGANIZATION OF (:()tJNSEL

x x x x x

INDEXNUMBER
A66.00	1  ORDER APPOINTING THE BOARD
2	APPLICATJON FOR REVIEW OF DISCHARGE

3	LETTER OF NOTIFICATION

HEARING DATE
02--06-11

CASENl.lMBEll
FD2002-0002

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTEDAT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPSRANCB HEARING

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearancewith/without counsel, and the right to submit an application to the AFBCMR

SA.F/Ml
550C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECR ETARYOFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535COM MANDDR, EE WING, 31lDFWOR
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 NUMBER

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 contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge is denied.

The Board finds that neither the evidence of record or that provided by applicant substantiates an inequity or impropriety that would	a change of discharge.

Issues. Applicant was discharged for misconduct, namely drug abuse.  Member admitted to the Air Force of Special Investigations (AFOSI)in a signed sworn statement that he had  illegally ingested “Ecstasy” at a civilian nightclub while with another military member.  The record shows that at the time of the discharge member requested a waiver of discharge allowing him to be retained.  He argued his illegal “Ecstasy” use was a one-time lapse of judgment and his otherwise outstanding performance warranted retention- He submitted numerous character statements recommending retention and attesting to his stellar performance and very active community involvement.  His commander then initiated a retention waiver request; this was subsequently withdrawn when it was noted member had used marijuana at least six times before enlistment, as noted on his enlistment paperwork.  This revelation rendered member ineligible for retention because his multiple incidents of illegal drug use, both during and before military service, could no longer be viewed as “experimental” as required by the retention criteria.  At the time of the discharge, the Air Force’s drug policy was well publicized and members were continually made aware that illegal drug use was not tolerated.  “Ecstasy” use is viewed as a very serious failure to meet Air Force standards, and negates member’s otherwise acceptable performance.  The Board noted that because drug abuse is not
compatible with Air Force standards, the characterization of service he received is warranted.

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 applicant was provided       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, thus the applicant’sdischarge should not be changed.

Attachment: Examiner’s Brief