AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, l<'IRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

TYPE

AlC

PERSONAL  APPEARANCE	X   RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION O.' COUNSEi·

x x x x x

INDEX NUMBER
A66.00

ORDER APPOINTING TilE BOARD APPLICATION  FOR REVIEW OF DISCHARGE

BEARING DATE
1AUG 03

CASE NUMBER
FD2003-0154

LETTER OF NOTJFICA TION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITJONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

MARKS
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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCllARGE REVIEW BOARD
l 535 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

FD03-0154	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, change the Reason and Authority for discharge and to change the RE Code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of.lischarge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or impropriety, which would justify a change of discharge.
'
ISSUE:  The applicant believes his discharge is inequitable because it was too severe a punishment.  The applicant indicates that he looked up his Separation code on the Internet and decided that his code was due to "failed Drug Rehab".  This issue is without merit.  The applicant's Separation Code of JKK is for Drug Abuse.  The applicant also admitted to using marijuana once during his enlistment.  The records indicated the applicant received a Letter of Reprimand for admitting use of marijuana.  The applicant admitted that he had lied during questioning by the OSI.  Also, when questioned by OSI agents, he did admit to attempting
to purchase marijuana over the Internet for a civilian roommate.  He also admitted to using marijuana over two years ago; however, he did not disclose this information on his enlistment paperwork.   The Board concluded the drug abuse was 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.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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