AIR FORCE DISCHARGE REVlEW BOARD HEARING RECORD

PERSONAL  APPEARANCE

-X   RECORD REVIEW

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSNISSAN

II 1•

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

x x x x x
INDEX NUMBER	:·

A94.53, A92.37, A93.17	A66.00

1	ORDER APPOINTING rnE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE

llEAlllNG DATE
03-05-28

CASE NUMBER
FD2003--00051

3	LETIER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

Case beard 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 RANOOLPH AFB, TX 78150-4742

SECRETARY OF TifE 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-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD200J..00051	

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

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 the applicant 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 June 1987 disclosed the presence of marijuana, for which member received an Article 15. At the time of the offense, member was a noncommissioned officer with almost 15 years service. Member elected to have his case heard by an administrative discharge board, which determined he should be discharged with a general (under honorable conditions) separation for commission of a serious offense, namely drug abuse, and should not be offered probation and rehabilitation. The record review also disclosed member had a Letter of Reprimand for failure to go to his appointed place of duty, and a referral Airman Performance Report (APR) rated an overall "4" out of "9" based on his poor duty performance. That APR stated he showed no initiative, was not able to cope with personal and professional problems, lacked compatibility with Air Force standards, and was burden to his unit. Additionally, member had been diagnosed with an adjustment disorder with mixed emotions by the Mental Health clinic staff. 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 administrative 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 should not be changed.

Attachment: Examiner's Brief