AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN
1r 1m:•:

TYPE GEN
1-'-c-o_U,.N.._sE_'L_· YES	No
x

I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
, NAME Ot" COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OF THE BOARD]):\<.:

MEMBER SITTING

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HON

GEN	UOTHC

OTHER

DENY
x

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----------------------------------------	EXHIBITS SUBMITTED TO THE BOARD

ISSUES	A95.00

INDEX NUMBER

A67.70

. ··   .  .·.   .	, .    ,   . ,..	.
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICA TTON
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

09 Jul 2004	FD-2003-00382
APPLTCANT',S l S0£,\.THE BOAIW:'s J?J'.lSIONAL,RANONAl •.ARE DISCUSSED. ON THE ATTACHEP AIR FORCE DISCHARGE REVIEW BOAl\O DECISIONAL RADONALE . ' . . ' }i'.;. .

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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INDOl{S})ENT

· DATE:  7/912004

TO:

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

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FROM:
SECRETARY OF 1RE AIR l'ORCE PERSONNEL COUNCIL AlR FORCE DISCHARGE Rl:VJ:EW BOARD
1535 COMMAND DR, EE WING, 3RD FLOO\l. 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-2003-00382	

GENERAL:  The applicant appeals for upgrade of discharge 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 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 a general discharge for misconduct, specifically, drug abuse. Additionally, the records indicate member received two Article 15s-­ one for underage drinking and the other for wrongful use of percocet. The Board concluded the disciplinary infractions were 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.

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