AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

YES
x

GRADE	AFSN/SSAN

-,...

MEMBER SITTING

-----------------------------------------

HON

GEN

UOTHC

OTHER

DENY

x x x
x
x

ISSUES

A94.53 A93. 17 A95.00 A94.39

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
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  DATE	CASE NUMBER

16 Mar 2004

FD-2003-00312

APPLIC<'\Nf'S IS$tlE'.'*1mTJiEBOAR0'.SOECISIONAL RATIONALAREPISCUSSEOON n!EATTACJIBD AIR FORCEDISC!lARGE REVIEW OOARO.PECISIONAL RATIONALE

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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TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE  REVIEW BOARD 1535 COMMAND DR, EE WING, JRD 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-2003-00312	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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 that  neither  the  evidence  of record  nor  that provided  by  the  applicant  substantiates  an inequity or impropriety that would justify  a change of discharge.

ISSUES:

Issue 1.  The applicant stated he was discharged for conduct that did not affect "on the job" performance.
The record reflects the member received a general discharge for misconduct or more specifically, drug
abuse--member wrongfully possessed psilocybin mushrooms, a Schedule 1 controlled substance.  The Board concluded the misconduct was a significant departure from the conduct expected of all military members.
The characterization of the discharge received by the applicant was found to be appropriate.
Issue 2.   The applicant cited 111111 v. Secretary  of the Army, 627 F.2d 554 (D.C. Cir.  1980);	v.
-' 627 F.2d  407 (D.C. Cir.  1980);	v.  United States, 213 Ct.Cl 717 (1977);	v.
Secretary of the Air Force, 628 F.2d 594, 598-99, 601 n. 36 (D.C., Cir. 1980). These rulings appear to be inapposite to the applicant's case. As a result, the DRB determined that these cases revealed no inequity or impropriety in the applicant's case.	
Issue 3.  The applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation, and other accomplishments. It found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, 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 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