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AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, HRST MIDDLE INITIAL)

-GRADE

AFSN/SSAN

PERSONAL  APPEARANCE

X  RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION	ADI>RESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING
x x x x x

A94.53, A92.37, A93. 17

HEARING DATE
24 JUN 03

INDEX NUMBER
A66.00

CASE NUMBER
FD2002 0479

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAl'E RECORDING OF PERSONAL APPERANCE HEARING

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.

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, 3RD FLOOR
ANDREWS AFB, MD 20762-7002

AFHQ FORM 0.2077, JAN 00	(EF.Y2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIKW BOARD DECISIONAL RATIONALE	

FD2002-0479	

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

The applicant was offered a persona] appearance before the Discharge Review Board  but  declined  to exercise this right.

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

FINDINGS:  Upgrade of discharge is denied.

The Board finds the appl icant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for misconduct, drug abuse. A positive urinalysis in May  1999 disclosed the presence of marijuana, for which member pled guilty and was found guilty by Special Court Martial but did not receive a punitive discharge. Member testified at court and admitted in a signed sworn statement that he did use marijuana while attending his sister's birthday party with family and friends. At the time of the offense, member was a noncommissioned officer with over 18 years service. Member elected to waive his right to have his case heard by an administrative discharge board, as well as consideration for Jengthy service probation. Additionally, member failed to submit statements in his own behalf at the  time  of discharge. The record review also disclosed member had an Article 15 for assaulting his wife, assaulting a civilian, using provoking speech to a  police officer, and endangering  his  children  during the  enlistment under review. Member's appeal of the resulting reduction in grade was denied. Member also had a referral Enlisted Performance Report (EPR) rated an overall         out of "5" based on that incident, and was relieved of duty for cause from the recruiting career field . Additionally, during a previous enlistment member had used and possessed marijuana and hashish at an overseas location in 1982 while on active duty in the service, which resulted in a positive urinalysis and decertification from the Security Police career field. The Board noted that the Air Force's drug policy was well  publicized  and members  were  continually  made aware that  illegal drug use was not tolerated. Drug abuse by a noncommissioned officer is a particularly serious failure to meet Air Force standards that does not warrant an honorable characterization of service. The Board could find no inequity or impropriety on which to base an upgrade to the 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 admin'istrative 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 shou]d not be changed.

Attachment: Examiner's Brief