..	AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

MEMBERS SITTING

x
X* X*+
x
X*

ISSUES
A66.00	A66.00

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
2	
HEARING DATE
24 Oct 02

CASE NUMBER
FD2002-0115

4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO TI-IE BOARD
ADDITTONAL EXHIBITS SUilMITIED AT TIME OP PERSONAL   APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMAQKS
Case heard at Andrews AFB, MD.

Based on a majority vote, the Board decided to upgrade the applicant's discharge to an honorable and to change the reason for discharge to Secretarial Authority.    A majority of the Board voted against u pgrading the applicant's reenlistment eligibility (RE) code to 31(

*Change the Reason for Discharge to:  Secretarial Authority  SPD:

+ Upgrade RE Code to 31<

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS Ai:B, 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

FD2002-0115	

GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the Reason for discharge.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB, MD on October 24, 2002. The following additional exhibits were submitted at the hearing:

Exhib,it 5: Applicant's contentions. Exhibit 6: 4 character letters
The attached brief contains avai'lable pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: The discharge is upgraded to Honorable, and the reason for discharge is changed to Secretarial Authority. The Board finds that the evidence of record substantiates an impropriety that justifies upgrade of the discharge.

ISSUES:	The applicant was discharged with a General Discharge for Misconduct - drug abuse.	The applicant challenged  the validity  of his discharge  on the basis that it was not supported by credible evidence.  The evidence of his alleged drug use consisted of	y two witness statements.  The applicant challenged the credibility of both witnesses.  He and Airman	estified at the Board proceeding as to the lack of credibility of the only witnesses who made incriminatmg statements against the applicant.  Airman further testified that one of the witness statements also incriminated him in wrongful drug use.  The applicant testified that the other witness against him had a motive to lie. Both testified that they had never used illegal drugs.  The Board concluded that the two witness statements against the allicant lacked the credibT		In reaching this conclusion, the Board found the applicant and Airman	to be credible. Airm		so testified that an involuntary discharge action based on drug abuse was im iated against him and that	e discharge authority dismissed the action.  While the Board granted due deference to the fact­ finding and discretion of the discharge authority, the Board found the evidence insufficient to establish that
the applicant wrongfully used drugs.

CONCLUSIONS: The Discharge Review Board concludes that the sole allegation supporting the discharge action was not supported by a preponderance of the evidence. Inview of the foregoing findings, the Board concludes that the applicant's discharge should be upgraded as a matter of propriety. Furthermore, the reason for the discharge is more accurately described as Secretarial Authority. The applicant's characterization and reason for discharge should be changed to Honorable and Secretarial Authority under the provisions of Title 10, USC §1553.

Attachment: Examiner's Brief