•
AIR  FORCE  DISCHARGE  REV I EW  BOARD  HEARI NG  RECORD

PERSONAL  APPEARANCE

-X  RECORD REVIEW

NAMIY-OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

Al•SN/SSAN

COUNSEL	NAMf. OF COUNSEL AND OR ORGANl7ATION
YES	NO
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

llON

GEN

VOTE OF nu:U()ARD
uo·rnc

OTHER

DENY
x x x x
x

ISSUES	INDEX NUMBER
AOI.00, A95.00	A66.00

EXlIIBl  $ $llBMITTED T
i  I ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	

HEARING  l>A'TE
ll Apr 03

CASE NUMBER
FD2002-0434
4	
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO TllE BOARD
ADDJT!ONAL EXHIBITS SUHMITTED AT TI ME OF PERSONAL APPEARANCE

AP)'LICANT'S ISSL'E AND THE BOARD'S

TAPE RECORDING OF PERSONAL APPERANCE  !IE.ARING
L RATIONAL ARE DISCUSStiP ON THE ATTACHED AlR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

REMARKS
Case hea rd at Washington, I>.C.

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

y"-
, Col, USAF

SOARD PRESl,   T	•

INDORSEMENT	DATE: 11APR 03
TO:	'ROM:

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

SECRETAR Y OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3Rn FLOOR
ANDREWS Arn, MD 20762·7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2001-0434	

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.

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

FINDINGS: Upgrade of is denied.

The board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety, which would justify a change of discharge.

The applicant's issues are listed in the attached brief

Issue. 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. The records indicated the applicant received one A1ticle  15 for misconduct.  The misconduct  included unlawful use of marijuana on divers occasions. The DRB opined that drug abuse  is  not  compatible  with military service. The Board concluded the misconduct was a  significant departure from  conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate.

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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief