Am FORCE DISCHARGE REVIEW BOARD HEARING RECORD

•	NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE

AFSN/SSAN

PERSONAL  APPEARANCE	X  RECORD REVIEW
. -   NAMEOFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING
x x x x x

INDEX NUMBER
A94.53, A93.17, A92.37	A66.00

1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE
02-10-25

CASE NUMBER
FD2002-0164

4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED 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 with/without counsel, and the right to
submit an application to the AFBCMR.

SAFIMIBR
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 AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

Am FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0164	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
!lfter a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for drug abuse. He had an Article 15 and a referral "3" Enlisted Performance Report. Member submitted a random urine sample that tested positive for marijuana at twice the DoD cut-off level. He subsequently admitted under oath that he had smoked a marijuana-laced cigar, and continued to smoke it even after he realized it was marijuana-laced. At the time of the administrative discharge processing, member was also recommended for a medical separation with 10 percent disability severance pay for exercise induced anaphylaxis. The Secretary of the Air Force Personnel Council considered member's situation as a "dual action" and determined his medical condition did not contribute to or aggravate member's misconduct, and that the seriousness of member's misconduct outweighed the gravity of his medical condition and therefore administrative separation was more appropriate than medical separation. The Board finds member's misconduct was a significant departure from the standards expected of all airmen. Therefore, no inequity or impropriety was found in his discharge in the course of the records 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 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: Examiner1s Brief