AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, F1RST MIDDLE INITIAL)
1:!·. 111m11•n••

GRADE	AFSN/SSAN
• 11111111

TYI'li GEN

YES	No
x

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZA 1'10N

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

x x x

ISSUES

A94.05

INDEX NUMBER

A67.90

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FJLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITfED AT TIME OF PERSONAL  APPEARANCE
E RECORDING OF PERSONAL APPERANCE

HEARING DATE

CASE NUMBER

I
•	Case heard at Randolph AFB, Texas.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR

SAFIMRBR
550 C STREET WEST, SlliTE 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, l\<ID 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMlJER

FD-2002-0205	

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

The applicant appeared before the Discharge Review Board (DRB) with a representative from the Texas Veterans Commission at Randolph AFB, Texas.

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 that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 for failure to go, a Vacation action under the UCMJ for wrongfully using marijuana, three Letters of Reprimand for failure to comply with dress standards, failure to follow standard procedures and for his duty performance not up to standards. And, a Letter of Counseling for failure to comply with dress standards. The applicant met an Administrative Discharge Board and they found the applicant guilty on several charges including the marijuana use. Since the applicant could not recall any of the events surrounding the marijuana use, the DRB went with the presumption of regularity along with the three witness statements, and the applicant's own statement at the time of discharge, and concluded that the misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate.

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	

f.