AIR FORCE DJSCHARGE REVlEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MJDl>LE INITIAL)

GRADE

AFSN/SSAN

PERSONAL  APPEARANCE
NAME OF COUNSFI.AND OR OHGANIZATION

X  RECORD REVIEW
ADDRESS ANI> OR ORGANJ7,ATION OF COUNSFL

MEMBERS SITTING

X*
X*
X* X*

x

EXll

	I	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LEITER OF NOTIFICATION	
ffEARJNG DATE
03-01-10	CASE NUMBER
FD2002-0174	4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDJTIONAL EXHJBITS SUBMITTED AT TIME OF
PERSONAi. APPEARANCE	
			TAPE RECORDING Of PERSONAL APPERANCE HEARING	

* Change Reason and Authority for discharge to Secretarial Authority. Case heard at Washington, D.C.
Advise applicant of the decision of the Board.	

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REV1EW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002	
SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742			

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD97-00339	

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:  The discharge is upgraded to Honorable, and the reason for discharge is changed to
Secretarial Authority.

Issues. Member received a general discharge for drug abuse after she made a signed,  sworn  written admission of one-time marijuana use in the fall of 1999, during an Air Force Office of Special Investigations  (AFOSI) interview on September  11, 2001.  Applicant contends her spouse influenced her; he was a former military member who had been discharged for misconduct,  and who was using marijuana daily. He supposedly requested she use marijuana with him, to which she normally refused. But on one occasion, she agreed. Member also claimed her  spouse  mentally,  verbaJJy,  and  eventually  physically abused her. They eventually separated, but reconciled after she visited him  and became  pregnant  with twins. Although he claimed he would change, his drug and spouse abuse allegedly continued. Member subsequently reported her husband 's drug abuse to her First Sergeant; he referred her to family advocacy. They referred her to AFOST. In the course of reporting her husband's activity, AFOSI asked if she had participated. That's when she admitted her one-time use. The records  disclosed  a  history  of  family advocacy program entries from July to October of 1999, and again from  September of 2001  to January 2002. They also revealed a complete denial of pre-service drug use by applicant on her  enlistment documents. At the time of the discharge, member requested retention and argued that she met the seven retention criteria for drug abusers. Her commander didn't feel her claims were credible and recommended denial of the retention waiver. The discharge authority upheld that recommendation. After a thorough and complete consideration of the information submitted by the applicant and contained in the record, the Board concluded there was sufficient mitigation to substantiate upgrade of the discharge and to change the reason for the discharge.

CONCLUSIONS: The Discharge Review Board concJudes 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.

However, in view of the foregoing findings, the Board further concludes that the overall  quality of applicant's service is more accurately reflected by an Honorable discharge and 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