E	AIR FORCE DISCHARGE REVIEW BOAR,_D H_E_A_R_•N_G_REc_.o_RD	--
OF SERVICE MEMBER   .AST, FIRST MIDDI.E INITIAL)	GRADE	AFSNISSAN	

X   PERSONAL  APPEARANCE	--_J
RECORD REVIEW	
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL	

· l	1

HON	GEN	UOTHC	OTHER
x x x
x
x

INDEX NUMBER
A94.06	A66.00

HEAIUNG DATE

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTJFJCA TION
4	BRJEF OF PERSONNEL FILE

20 NOV 02

FD02-0256

COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXIIIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMARKS
Case heard at Dobbins ARB, Georgia

Advise applicant of the decision of the Board.

SAF/MIBR
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, 31W FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE  REVI EW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0256	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable and change the RE Code.

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Dobbins ARB, GA on November  19, 2002.  Mr.	the applicant's father, appeared as a witness.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:   Upgrade of discharge to Honorable is granted and reason for discharge changed to Secretarial Authority.   However, the reenlistment code wilJ not be changed.

The Board  finds that  the evidence of record  substantiates  an  inequity that would justify  upgrade  of the discharge.

ISSUES:  The applicant was discharged with a General Discharge for Misconduct	Drug Abuse.  The records indicated the applicant received a Summary Court Martial for wrongfully distributing percocet. After a through and complete consideration of the information submitted by the applicant, the applicant's compelling personal testimony, and information contained in the record, the Board concluded that there was sufficient mitigation and extenuation to substantiate upgrade of the discharge and to change the reason for the discharge.  The Board voted to leave the applicant's reenlistment code as is.

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.  However, in view of the foregoing findings, the Board also concludes that the overall quality of applicant's service is more accurately reflected  by an Honorable discharge. The applicant's characterization for discharge should be changed to Honorable and Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief