AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVJCE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

A MN	•111 11 & .

COUNSEL
YES	NO
x

PERSONAL  APPEARANCE
NAME 01' COUNSEL AND OR ORGANIZATION

X   RECORD REVIEW
ADDRESS AND OR ORGANIZATION 01' COUNSEL

VOTE OF mE BOARD

HON	GEN

UOTIIC	OTHER

DENY
x x x x x

ISSUES
A95.00

HEARING DATE
B AUG 03

INDEX NUMBF.R
A66.00

CASE NUMBER
FD2003 0247

EXHIJllTS SlJBMIITED·TO THE BOARD
ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICAflON
4		BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL Al'PEARANCE

TAPE RECORDING Of PERSONAL Al'PERANCE HEARING
Al'PLICANT'S lSSu1! Al'.'D THll BOARU'S DECISIONAL RATIONAL ARE DISCUSSEJJ ON THE ATTACllED AlR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

REMARKS
Case hea rd 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.

TO:

SAFiMlBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78 I 50-4742

FROM:

DA'fE: l3 AUG 03

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
l 535 COMMAND DR, EE WING, 3w 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

FD-2003-00247	

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 that would justify a change of discharge.

ISSUE:  The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated applicant received an Article 15 for wrongfully using marijuana.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge
received by the applicant was found to be appropriate.

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