NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

J m11	11nrnr r

PERSONAL  APPEARANCE

Arnn
x	RECORD  REVIEW

ill \I Ill!&

NAME OF COU:SSEL AND OR ORGANIZATION

Ab DRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

---- ··----- ··----- ··----- ··-----·

HON	GEN

UOTHC

OTHER

DENY
x x x x
x

ISSUES

A92. 15
A92.fll

INDEX NUMBER

A66.00

l	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 NlMBER
17 Oct 2003	FD-2003-00347

Case heard at Washington, D.C.

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

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

...............L---········''·····/"-.il..........,..	..f:...... ...................:.- 	

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1

.

..

SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY  OF THE AIR FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVlE'W BOARD
1535 COMJ'l.tAND DR, EE WL"'lG, lRD 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 NUJ\>fBE:R

FD2003-00347	

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 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 member received an Article 15. Member also had a Record of Individual Counseling for driving a government vehicle on the flight-line without a seatbelt. The record shows that at the time of the discharge member consulted counsel yet waived his right to submit statements in his own behalf. Furthermore, member did not request he be considered for retention at the time of the discharge, and had he, the burden would have been his to show he met the seven retention criteria. Applicant now infers his illegal marijuana use was a lapse of judgment due to immaturity and admits he made a "mistake." At the time of the 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 he received is warranted.

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