PERSONAL APPEARANCE
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MEMBER'S SITTING

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•	-· •w  -·iNDLX NUMBER
I A67.70

1	ORDER APPOI:JTIN< iTHI-:fiOARJ)
2	APPLJCATl()N f OR REVIEW Of DTS\.HAROE

1 21

:    llEARING  DAlt:
AUG 02

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3	LETTER Of NOTIFlCATION
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I Case heard at Washington, D.C.
Advise ariplicant or the decision of the Board, the right to a personal a1111earance, and the right to submit an application to the AFRCM R.

SAFIM!RR
'50 C STREET WEST, Sl.Jff E 40
RANDOLPH AFB, TX 78150·4742

SECRETARY Of THE Arn FORCE PERSON N Ei
,\IR FORCf, DfSCHARGE REVIEW BQ,IJ!l)
1535 COMMAND DR, EE WING, :l'"' FLOOR

COUNCIL

AFHQ FORM 0-2077, JAN 00

ANDREWS AHl, MD10762-7002  ..,-- -,---	---	I
Previous (,dition will be used.

ALR FORCE DISCHARGE REVIF:W BOARD DECISIONAL RATION A LE	

	

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

The applicant was offered a personal appearance before the Discharge Review Uoard (DRB) but declined to exercise this right.

The attached bri ef conta ins the availabl e perti nent data on the appli cant and the factors lead ing to the
discharge.

l<'lN DDIGS:  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 believes his discharge is inequitable because it was never proven in a court of law that he did in fact abuse drugs.  He st.ates that he was discharged based on hearsay and that hi s discharge was ineq uitable becau se it was based on one isolated and unwarranted Letter of Reprimand in 3 years or
u nwavering service with no adverse actions.  The applicant also bel ieves his characterizlltion of service was hono!'able and t hat his discharge has adversely affected hi;; livelihood and constitutional right to equal opportunity educat mn.  Finall y, the ;1ppl icant states that he has been a respected, law abiding citizen since his 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  a Lener of Reprimand  for wrongfully using cocaine,   The record ind icates that two witnesses gave written sworn statements indicati ng that the applicant used cocaine on more than one o<.:casion, One of the witnesses also took a polygraph examination, which supported the crellibility of his sworn statement.  The Board
concluded the drug abuse was a significant depa1ture from the conduct expected of all mi litary members.
The Roard found no evidence of im propriety or inequity in this case on which to base an upgrade of
discharge.  The DRR was pleased to sec that the applicant was doing well and has a good job.  However, no inequ ity or i mpro priety in hi s discharge was found in the course of the hearing.   The Uoard concluded the misconduct of the applicant appropriately characterized his term of service.

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent with the procedural  and substantive requirements of the discharge reb'lilation and was within the discretion of the discharge authority  and 1hat the applicant was provided full administrative due process.

In view of the foregoing fi ndings the board  furt her concludes t hat t here exists no legal or equ it able basis for u pgrade of discharge, thus the applicant's discharge should  not  he changed.

Attachment:
Exami ner's Brief