!.	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

x

                                                           AlC

11 sm•: a

TYPE	PERSONAL  APPEARANCE

--+---- ----- -----
RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

------------+----------- ·-   -- -----!
ADDRESS AND OR ORGANIZATION OF COUNSEL

ISSUES

A95.00

MEMBER SITTING

INDEX NUMBER	A66.00

HON	GEN	UOTHC

OTHER	DENY

x
x
x
x x

HEARING DATE	CASE NUMBER
1	
ORDER APPOlNTlN G THE BOARD
2	
-------·

APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
 	--+-+--
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

24 Oct 2003

FD2003-00117

PERSONAL  APPEARANCE
TAPE RECORDlNG OF PERSONAL APPERANCE

Case heard at the American Red Cross; Albany, New York

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

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THE AIR FORCE  FERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD ?0762·7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-001 17	

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

The applicant was scheduled  for a personal appearance before the Discharge Review Board (DRB) at the American Red Cross Albany, NY, on 24 Oct 03, but failed to appear.

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.

ISSUE:

The applicant received a general discharge for misconduct- specifically, drug abuse. Member received two Article l Ss. One was for the wrongful use of marijuana and the other was for underage drinking and driving under the influence. The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members.

The Board found no evidence of  impropriety or inequity in this case on which to base an upgrade of 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.

ln 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