AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER {tAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARA NCE	X    RECORD REVIEW

COUNSEL
YES	NO
x

NAME OF COUNSf.l, AND OR ORGANIZATION

ADDRESS ANll OR ORGANIZA TJON OF COUNSEL

MEMBERS SITTING

HON

VOTE.OF THE BOA GEN	UOTHC

OTHER

DENY
x x x x x

ISSUES

INDEX NUMl!ER

EXlllHITS SUBMITTED TO THE BOARD

A94.01

A67.30	ORDER APPOrNTfNG TIIE BOAR D
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTl FICATION

HEARING DATE
4 NOV 02

CASE NUMBER
FD2002-0l 92

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
APPLICANT'S lSSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSl:£0.0N THE ATTACHED Alll FORCE DISCliAROfi REVIEW BOARD PECISIONAL RATIONALE.

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

Advise applicant of the decision of the Board, the right to a personal appea rance with/without counsel, and the right to submit an application to the AFBCMR.

DATE: 4 NOV 02	
TO:	SAFIMIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742	I'll.OM:	SECRETARY OF THE AIR FORCE PERSONN EL COUNCIL
AIR FORCE DISCHARGE REVJEW BOARD 1535 COMMAND DR, EE WING, 3"° FLOOR ANDREWS AFB, MD 20762-7002	

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

Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0192	

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

The applicant was offered a personal appearance before the	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: Applicant contends discharge was improper and quotes two law cases: Wood vs Secretary of Defense and Doe vs Secretary of the Air Force and states that it should have been honorable. 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 tested positive for BZE, the metabolite of cocaine, at 34,805 ng/ml, well above the DoD cutoff of 100 ng/ml. He received an Under Other Than Honorable Conditions discharge for Misconduct, Commission of a Serious Offense, Drug Abuse. In Wood vs Secretary of Defense, less than honorable discharges had been issued to four Army inactive reservists for civilian misconduct. They sought a judgment requiring DoD officials to review and upgrade their discharges unless the civilian misconduct relied upon were found to have affected their military
These four members were in the inactive reserve. The applicant was an active reservist and an aircraft Loadmaster and was subjected to a random urinalysis when he reported for duty on 12 July 1998. The an10unt of BZE found in his urinalysis was found, by a preponderance of the evidence, to have adversely affected his military duties on that day. In Doe vs Secretary of the Air Force, this issue is found to be without merit as that case involved an active duty Major accused of committing homosexual acts with a fifteen-year-old boy. The Board concluded the misconduct was a significant departure from conduct expected of all military members and concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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