AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE

-GRADE	AFSN/SSAN

PERSONAL  APPEARANCE	X   RECORD REVIEW
OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANll'ATION OF COUNSEL

HON

GEN

uomc

OTHER

DENY
x x x x x

ISSUES
A94.05

INDEX NUMBER
A66.00

HEARtNG DATE
20 DEC 02

CASE NUMBER
FD2002-0327

3	LETIER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDfflONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
Al'J>l.ICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTA\lfi!D	·f(.)l(eEDlseHAACIBIUWlBW BOARD Dl!CISl, N'  l!.ATi'.ON 'll.

REMARKS
Case hea rd at Washington, D.C.

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.

INDORSEMENT

TO:	FROM:
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, 31ID FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 02077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0327	

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

The applicant was offered a personal appearance before the Discharge 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: The applicant believes his discharge is inequitable because it was too severe a punishment. The applicant indicates that there was no evidence of drug use during his enlistment and that he only possessed paraphernalia. The records indicated the applicant received an Article 15 for wrongfully possessing marijuana. While the applicant points out that he was only in possession of marijuana and there is no evidence of use, the discharge instruction makes it clear that ainnen who "abuse drugs" must be discharged. Abuse of drugs is defined as "illegal. wrongful. or improper use, possession, sale, transfer, or introduction onto a military installation of any drug." The Board concluded the possessing of drugs 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. The Board concluded the misconduct of the applicant appropriately characterized his tenn of service.

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