X RECORD REVIEW
NAl\fE OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING
x x x x x

HEARING DATE
21 AUG 02

INDEXNUMBER
A67.70

CASE NUMBER
FD2002..0131

1  ORDER APPOINTING THE BOARD.
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
4	BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITIEJ) AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance, and the right to submit an a1Jplication to the AFBCMR.

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

AFHQ FORM 0-2077,JAN 00	(EF-V2)

..;lt; .· . _,.,....

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02.:0131		

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

FINDINGS: Upgrade of discharge is denied.

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

ISSUE: The applicant is not contending that his discharge was inequitable. He states that he was immature at the time of the discharge. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated the applicant received an Article 15 for wrongfully possessing and using marijuana. The DRB recognized the applicant was 20 years of age when the discharge took place. However, there is no evidence of record to indicate he was immature or did not know right from wrong. The Board opined the applicant was as old as than the vast majority of first term members who properly adhere to the Air Force standards of conduct. The Board concluded this issue was without merit The Board concluded the drug abuse was a significant departure from the conduct expected of all military members. The Board found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge.

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 full 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's discharge should not be changed.

Attachment: Examiner's Brief