AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AB

X	RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY

.....- -- - - - - ----- - - - - ----- - - - - ----- - - - - ----- -	-------------+----f----+----+----f	1
x x x
x

.

x

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ISSUES

AOI.00, A95.00

INDEX NUMBER

A66.00

l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITIED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE  NUMBER

18 Oct 2004	FD-2003-00112

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR .

..............................................................................................................;·.----------!

TO:

SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535COMMAND DR, EE WING, JRD FLOOR
ANDREWS AFB, MD 20762·7002

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

enlistment, a referral EPR, with a rating of "2."  In his rebuttal statement, he said that he felt the rating was
incorrect and unjust.  He said that he had been doing a good job and that his accomplishments in the squadron had been overlooked.

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

..

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00112	

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

The applicant was scheduled for a video-teleconference between Travis AFB, California and Andrews AFB, MD at 0830 hours on 18 October 2004. Applicant called the day he was scheduled and told the DRB that he broke his ankle in a motorcycle mishap on his way to the VTC. He was informed that the DRB needed  a faxed statement from a medical provider and they would then reschedule his hearing. Applicant failed to send any medical background thus forfeiting his right to a personal appearance, and his case was heard using the available service records.

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 that would justify a change of discharge.

The applicant was discharged for Misconduct - Drug Abuse.  The discharge was supported by an Article  15 for wrongful use of marijuana.  The applicant admitted to use of marijuana with two other Air Force members and two civilians.  One of the other Air Force members corroborates the applicant's admission.
The discharge package also contains an Article 15 for writing checks with intent to defraud and dishonorably failing to maintain sufficient funds for the payment of checks.  As part of the punishment, the applicant received a suspended reduction to airman basic and was required to participate in the Personal Financial Management Planning (PFMP) program.  The suspended reduction to Airman Basic was vacated due to the applicant's failure to successfully participate in the PFMP program.   He also received five Letters of
Reprimand and two Records of Individual Counseling.  The applicant received one EPR during his