AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
111FERil1f llru 6

GRADE

AFSN/SSAN

TYPE:  gen	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

YES	No
x
-

MEMBER SITTING

HON

GEN	UOTHC

OTHER

DENY
x x x x x

ISSUES

A93.23 A92.35 A93.09

INDEX NUMBER

A66.00

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

HEARING DATE	CASE NUMBER

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

19 Nov 2003

FD-2003-00289

PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

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

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

SECRETARY  OF THE 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

FD2003-00289	

GENERAL:   The applicant appeals for upgrade of discharge to honorable and to change her reenlistment code.

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 and change of reenlistment code are denied.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an impropriety or inequity that would justify  an upgrade of the discharge to honorable.

Issues.  Applicant was discharged for misconduct, namely drug abuse (marijuana), for which she received an Article 15. The record shows that at the time of the discharge member consulted counsel yet waived her right to submit statements in her own behalf.  Furthermore, member did not request she be considered for retention at the time of the discharge, and had she, it would have been her burden of proof to show she met the seven retention criteria.  Applicant now infers her illegal marijuana use was a lapse of judgment  due to immaturity and personal stresses in her life, and admits she made a "mistake." Applicant further contends that she should not be penalized indefinitely for a mistake she made when young.  The Board recognized applicant was 21 years of age when the discharge took place, however, there is no evidence she was immature or did not know right from wrong.  The Board opined the applicant was the same age as the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.  At the time of her discharge, the Air Force's drug policy was well publicized and members were continually made aware that illegal drug use was not tolerated.  Marijuana use is viewed as a very serious failure to meet Air Force standards.  The Board noted that because drug abuse is not compatible with Air Force standards, the characterization of service she received is warranted and appropriate due to that misconduct.

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