AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

X  PERSONAL APPEARANCE

-GRADE

RECORD REVIEW

NAME OF COUNSEi, AND OR ORGANllATION

ADDRESS AND OR ORGANIZATION  OF COUNSF.L

		

x	

MEMBERS SITTING
X+ X+ X+

X+

ISSUES	INDEX NUMBER
A94.06	A  66.00	I	RDER APPOINTING THE BOARD
l APPLICATION FOR REVIEW OF DISC
3	LETTER OF NOTIFICATION
IJEARING DATE	CASE NUMBER	4	BRTEF OF PERSONNEL FILE
032703	FD20020323	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT Tl PERSONAL APPEARANCE

Case hea rd at Washington, D.C.

+ Change reason for discharge to "Secretarial Authority" Advise the applicant of the Board's decision.

SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AJR FORCE PERSONNE AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762·7002

AFHQ FORM 0-2077, JAN 00	Previous edition will b  used.

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBE

FD2002-032		

GENERAL: The applicant appeals for an upgrade of his general discharge to honorable. The ap appeared and testified before the Board, with counsel, at Andrews AFB, MD, on March 20, 2003. applicant's counsel, Mr.[	j, is an attorney and is also the applicant's father.

At the hearing, the applicant submitted the following documentary evidence: Copy of a Fairmont College diploma, a letter from [	], and a Fairmont State College Dean's List Certifi

The attached brief contains the available pertinent data on the applicant, the factors leading to the and the issues he submitted for review.

FINDINGS: The applicant's request to change the characterization of his discharge to honorable granted. The DRB changed the narrative reason for the applicant's separation from "misconduct" "Secretarial  Authority."	
icant The

ate ate.

ischarge,

s
K>	
Issue:  The applicant contends the evidence does not support the reason for discharge.  The applic. nt
accepted nonjudicial punishment for marijuana use.  The primary evidence against the respondent   onsisted of two witnesses who stated they observed the applicant smoke marijuana and a third witness whc  )bserved the applicant with a bong between his legs.  After carefully reviewing the witness statements and	aring the compelling testimony of the applicant, the Board was not convinced the evidence supported th
discharge action.  Based upon this finding, the Board concluded an inequity exists which requires   orrective action.

The Board also reviewed and considered the applicant's entire service record before making a dee   ion.

CONCLUSIONS:  The Board concludes the respondent's discharge characterization should be u	raded from general to honorable.  The Board further concludes the narrative reason for the separations sl  mid be changed from "misconduct" to "Secretarial Authority."

Attachment: Examiner's Brief