AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAMJ.: 01<' SERVICE MEMBER (LAST, FIRST MJODI ,F, INITIAi )
11 £11111 ;111111

GRADE

AFSN/SSAN

PERSONALAPPEARANCE
COUNSEL AND OR ORGANIZATION

X RECORD REVIEW
ADDRESS AND OR Of!GANIZATIONOF COUNSEL

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A94.05, AOl.13, AO 1.39!	A66.00	1	ORDER APPOINTING THE BOAR
A93.09, A92,37	2	APPLJCATJON FOR REVIEW OF DISCHARGE

HF.ARING DATE
02-06-26

CASENUIBEK
FD2002003S

3	LETTER OF NOTIFlCATION
4	BRIEF OF PERSONNEL FILE
!  COUNSEL'S  RELEASE TO THE BOARD
ADDITIONAL HXHIHITS SUHMITTEDAT TlMEOF
PERSONAL APPEARANCE	-

TAPE RECORDING OF PERSONAL APPERANCE HEARING

BEMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal  appea rance with/without  counsel, and the rightto submit an a pplication to the AFBCMR

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPl-1 AFR, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD 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 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.

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

FINDINGS: Upgrade of discharge is denied.

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

Issues. Applicant was discharged for misconduct, namely drug abuse, and received an under other than honorable conditions characterization of service.   Member received an Article 15 for	use of marijuana.  This was based on a urinalysis, which came back positive for the presence of THC at
well above the above the         cut-off level of 15	Furthermore, although not used as a basis for the discharge, member’s record included another incident of misconduct. While driving under the influence of alcohol with a blood alcohol content of he caused a major motor vehicle accident wherein he seriously damaged several cars parked in a residential area, as well as injuring himself. Applicant now contends the discharge was too harsh because it was based on one isolated incident that he now states he didn’t commit, and for which he should not be indefinitely punished. He also notes he was undergoing personal problems, and didn’t trust his defense counsel’s advice. At the time of the discharge member waived his right to submit matters in his own behalf. He also submitted an unconditional waiver of his right to a board hearing. Furthermore, 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. The Board noted that drug abuse is not compatible with Air Force standards; the seriousness of member’s misconduct and record of other misconduct outweighs the applicant’s otherwise acceptable service during the period of enlistment under review.

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 fill administrative due process.

In view of the foregoing findings the board	concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant’sdischarge should not be changed.

Attachment: Examiner’sBrief