AIR FORCE DISCHARGE RlWrEW BOARD HEARING RECOR D

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

-GRADE

Al<'SN/SSAN

NAME OF COUNSEL AND OR ORGANIZATION

X   RECORD REVIEW
ADDRESS AND OR ORG"ilZATION m·COUNSRL

x x x x x

INDEX NUMBER
A94.05	A66.00

1	ORDER APPOINTING THE BOARD
2	APPUCATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE
2 OCT 02

CASE NUMBER
FD2002-0179

BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDlTIONAL EXHIBITS SUBMJTTED AT Tl.tviE OF
PERSONAL ,'\PPEARAt;CE

R;MARKS
Case heard at Washington, D.C.

Advise a1>plicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCM.R.

SAF/MIBR
550 c STREET WEST, SVITE 40
RANDOLPH  AFB, TX 78150-4742

SECRETARY OF THE 1\IR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDJ<EWS AFB, MD 20762-7002

AFHQ  FORM  02077, JAN  00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONA L RATIONA LE	CAS:NUMBER

f D02-0179	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but decl ined 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 believes his discharge is inequitable because it was based on an isolated incident.  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 appli cant received a Letter of Reprimand for wrongfully possession marijuana and a Letter of Counseli ng for failure to follow instructions.  The record indicates that the applicant was arrested for possession while on leave in Chicago, Ill inois.  Upon his return to duty, applicant informed his supervisor of t his, who then referred the case to the AFOSI for further action.  During their interview, he admitted to possessing and smoking marijuana while in Chicago.  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.  The Board 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 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 basi s for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Exami ner's Brief