AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE	AFSN/SSAN

PERSONAL  APPEARANCE	X    RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR 0RGANl7.A TlON OF COUNSEL

MEMBERS SITTING

HON

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GEN	UOTHC

OTHER

DENY
x x x x x

JNDEX NUMBER
A67.70	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION

HEARING DATIE
7 JAN 03

CASE NUMBER
FD2002-0312

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 D9!a   Vl!Wl!O	S Q '11J:Ql'f

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

7 JAN 03

SAFIMIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-20771 JAN 00	(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002
Previous ed ition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0312	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.	·

Tue 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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was able to identify none that would justify a change of discharge.

ISSUE:  The applicant submitted no issues and requested that the review be completed based on the available service record.  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 applicant received  two Article 15's for a curfew violation and for wrongfully using marijuana.  He also received eleven discrepancy reports for disobeying a lawful order, refusing to follow instructions, not wearing the proper uniform combination, failing to carry mandatory items, violation of shaving standards, violating curfew, failing to properly clean dorm room, missing mandatory formations, laughing in formation, and, four  Letters of Counseling and one Letter of Admonishment for failure to complete written assignments, dereliction of duty, and missing mandatory formations.  Although the Commanders notification letter to the individual lists all the above actions as the Reason for discharge, the only Reason listed on the discharge documents is for Drug Abuse.  The drug abuse alone is sufficient basis for discharge.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative/repetitive behavior.  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.

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