AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AFSN/SSAN
'II . m I f 111117

TYPE	PERSONAL  APPEARANCE
:1j[;lffejtj:! NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

X+ X+ X+ X+

OTHER

DENY

ISSUES

A94.02

INDEX NUMBER

A66.00

X+

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
20 Nov 2003	FD-2003-00387

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 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

+ CHANGE REASON AND AUTHORITY TO SECRETARIAL

TO:

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

FROM:

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-2003-00387		

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority for the discharge, and change the reenlistment code.

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: The Board grants partial relief. Upgrade of Discharge and change of reason for discharge is approved. Change of reenlistment code is denied.

The Board finds that neither the evidence of record or that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the record and evidence provided by applicant, the Board finds the applicant's discharge and reason and authority for discharge inequitable.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 for wrongfully using amphetamines. Additionally, he received two Records of Individual Counseling for missing a scheduled appointment and for being absent from his work area. This case is unique in that the applicant was given a prescription for weight loss drugs from his family doctor in Mexico prior to enlistment. The applicant lost 103 pounds in order to join the Air Force. When he arrived at his first duty station, he began to put on weight again and resumed taking the previously prescribed and filled prescription for the weight loss pills. The Board gave the benefit of doubt to the applicant and believed that he did not know the prescription he was taking contained amphetamines  and that he was reasonably relying on a valid prescribed drug from a licensed physician. The Board opined that this was not your typical drug abuse case and cannot see the applicant going through life with a discharge for drug abuse.

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. However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge and the reason for the discharge is more accurately described as Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief