,.
AIR FORCE DISCH ARG E R EVI EW  BOARD HEARI NG  R ECORD

NA M E OF SERVICE MEMBER  (LAST, FIRST MIDDLE  INITIAL)

•GRADE

AFSN/SSAN	 	

RECOR D REVI EW

YES	NO
x

AllllRESS ANll OR ORGANIZATION Of COll NSEL

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-	- !RS SITTING

HON
x

GEN

UOTllC

OTHER

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ISSUES

INllEX NUMBER

EXHIBITS Sll$MIITEll TO THE BOARD

A94.54

A66.00	t	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
H EARING DAT!:
3	A PR 02

CASE N UMBER
F02002-0384
4	
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL  EXHIHITS SUBMITTED  AT   TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL Af'PERANCE HEARING
"i\FPLIC ANT"S ISSU!i AND THI;; llOARD'S DECISIONAL RATIONAL AR£ DISC!J$ f;p ON THE ATTACH.ED AIR FORCE. blSCHARGE RE:VIE)N _BOARD DEPSJONAL RATIONALE.

REMARKS
Case hea rd at And rews AFB, M D
Cha nge  Reason  and  Authority  to Secreta ria l A uthority

Advise applica nt of the decision of the Boa rd, and the right to subm it an application to the A FBCM R.

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- -  '.	5>_t	- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  SIGNATURE OF BOARD PKESlllENT

TOo

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

INDORSEMJ;j\IT	DATE:  J APR 03

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

A FHQ FOR M  0-2077, JAN 00	(EF-V2)	Previous edition wi ll be used.

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	C:ASF. NUMBER

FD2002-0384	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable and change in his reenlistment code.

The applicant appeared and testified before the Discharge Review Board (Board) without counsel at Andrews AFB, MD on October 31 , 2002.  The fol lowing witnesses testified on his behalf: Mr.	h is brother) and Ms.
•	his fiance).

FINDINGS: Upgrade of discharge is approved.
Request for upgrade of reenlistment code is denied.

The Board finds that evid ence of record and that provided by the applicant substantiates an inequity that would justify  a change of discharge.

ISSUES:  The app1icant's issues arc listed in the attached brief.  The applicant contends his discharge was too harsh because his ingestion of an illegal drug was unintentional.  He further cites his excel lent duty performance and post service cond uct as reflective of his true character and ability to serve. The applicant was discharged with an under honorable conditions (general) discharge for an isolated drug abuse infraction after 2 years, 9 months and 25 days of service.  Except for one Letter of Reprimand for illegal drug use, there is no misconduct.  The applicant's EPR reflects very good duty perfonnance with an overall 5 (nearly firewall).  Evidence of the record and testimony indicated on the date of the alleged drug use, the applicant had been drinking heavily at a civilian club to the point of extreme intoxication.  A fall resulted in a serious head injury requiring hospitalization.  U rine obtained at the time of hospitalization revealed the presence of an illegal drug.  The applicant has no recollection of knowingly ingesting an illegal drug but evidence in the record from credible witnesses obtained during formal investigation supported the applicant's claim of unknowing ingestion.  The DRB noted the applicant's acceptance of responsibility for his behavior and his recognition that alcohol abuse contributed to his difficulties and his reported abstinence since discharge was also noted.

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 further concludes that there exists an equitable basis for upgrade of discharge, that the overall quality of the applicant's service is more accurately reflected by an Honorable discharge, and the reason for discharge more accurately described as Secretarial Authority.  The applicant's discharge should be upgraded to Honorable and Secretarial Authority; under the provisions of Title 10, USC 1553.

Attachment Examiner's Brief