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FD2003-00036

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i\Pl'LIC.INT' 1551. E  \ND TllF 1!0.\ll\) s rn'.CISIONA'i."ii.;\·i 1i! '>iAL ,\RE DISCIJSSW rn..tfHE ATTACHED AIR fOll(E°DISC'HARGE RFVli \v'iloARD DEt'lSIONi.;l:ii;\TIO'.:AU

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The a pplica nt was sched u led for a persona l a ppea rance before the Discha rge Review Board at A nd rews A FB, M D on May 29, 2003, but  after acknow ledging intent to appea r, failed  to do so withou t  req uesting a post ponemen t.  The case was considered  via  records  review.

Ad vise applicant of t he decision of the Boa rd, and t he right to submit an application to the AFBCM R.

	INOORSEMDIT	

Si\I /M IBR
550 l S I R U T W LST  SU ITL 40 RANDOIJ'J I ..-\ J B. IX 78150-47 t2			

AFHQ FORM 0-2077, JAN 00	(EF-V2)

rm:AIR  FORCE PERSON N Fl. lOl 'NCI L
IARGE RF.VIEW HOARD DR. ff WING. 3RD FLOOR MD 20762-7002
be usc::d.

A IR .FORCE DI SCHA RGE R EVIEW BOARD DECISION AL RATIONALE	

FD2003-00036	
GEN ERA L:  The applicant appeals for upgrade of discharge to Honorable, and change of reason for discharge.

The appl i cant was sched uled for a personal appearance before the Discharge Review Board ( DR H ) al
t\ ndrcvvs A FB. MD on May 29, 2003. but attcr acknowledging intent to appear. failed to do so \Vit hou t rt:q uesting a post ponement.   H is case was considered  by records review.

FI N DI N GS: U pgrade of dischJ!:ge to Honorable is denied.
Change of reason for d ischarge and reen listmi:nt code is denied .
•
The Board fi nds that neit her evidence of record nor that provided by the applicant substantiates an ineq ui ty
or i mpropriety t hat would ju'Stify  a change of discharge.

ISStJ f:S:  The appl icant's issues arc l isted i n the attached  brief.   The appl icant contends that his discharge
\\ as ineq uitabl e because it was too harsh.  The appl icant also cited his desire to recei ve U.1. Bi ll benefits as justi ficat ion for upgrade.  The record indicates the applicant received an Article 15 for drug use. based on a positi ve urine test for marijuana.  Whi l e discharge action was being considered by his commander. a second uri ne drug screen was posi tive and the applicant was discharged with a general characterization of service. The ORB took note of the applicant's very good duty performance as documented by his !auditory performance report.  Afte r a thorough review of the record, the Board concluded tha t the appl icant has not shown that there was any inequity or impropriety in his discharge. The ORB noted that when the applicant appl ied for G.l. Bill benefits he signed a statement (DD Form 2366) that he understood he must recei ve an
I lonorable discharge to receive  future educational  benefits thus this is not a matter of inequity  or
impropriety.

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent wit h the proced ural and substant ive req ui rements of the d ischarge regulation and was wit hin the discretion of the d ischarge authority and that the applicant was provided full administrative due process.

In view of the Jl)f egoing findi ngs t he board further concl udes that there exists no legal or eq uitable basis for u pgrade of discharge. change of reason for discharge and change of RE code, thus the applicanf s discharge should not be changed.

Attachment Examiner's Brief

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