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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	AFSN/SSAN

PERSONAL  APPEARANCE	X   RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  01' COUNSEi,

MEMBERS SITTING
x x x x x

INDEX NUMBER
A93.17, A92.21, A92.37	A66.00	]	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION

HEARING DATE
03-05-21

CASE NUMBER
FD2002-0494

4	BRIEF OF PERSONNEL FILE
COU NSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Case heard 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

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3llD FLOOR ANDREWS AFB, 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

FD20020494	

GENERAL: The applicant appeals for upgrade of discharge to under honorable conditions (general).

The applicant was offered a personal 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 that neither the evidence of record nor that provided by applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for misconduct, drug abuse. Member provided a signed sworn statement to the Air Force Office of Special Investigations in which he admitted using crystal-methamphetamine (also known as "crank") over a 5-month period while on active duty in the Air Force. In this same statement, member also admitted using marijuana over a 1-year period while on active duty. Member's submission of a conditional waiver of his right to an administrative discharge board in return for a general discharge was denied. He met an administrative discharge board that determined he did commit the admitted drug abuse and should receive an under other than honorable conditions discharge, which he did. Applicant admits he made a stupid mistake years ago and it has been tough getting his life back together. Applicant also notes potential future employment options are adversely affected by his characterization of discharge. Because the member received an administrative discharge, not a punitive discharge, the Board must find an inequity or impropriety on which to base an upgrade; clemency is not available as a reason for upgrading an administrative discharge. The Board noted that member's repeated drug abuse over a lengthy period of time was serious misconduct and was not compatible with Air Force standards. The Air Force's drug policy was well publicized and all members were continually made aware that illegal drug use was not tolerated. The Board finds the discharge proper.

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.

Inview 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