AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

GRADE

TYPE

GEN

PERSONAL  APPEARANCE

AB

AFSN/SSAN

x	RECORD REVIEW

'c" :cc;;(;
YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER

DENY
x x x x
x

ISSUES

A92.21 A93.0l

INDEX NUMBER

A67.70

APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

HEARING DATE	CASE NUMBER

17 Dec 2003	FD-2003-00421

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.

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
1535COMMAND DR. EE WING, JRD FLOOR ANDREWS AFB, MD W762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00421	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to  change  the  reason  and authority for the discharge, and to 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: Upgrade of discharge, change of reason and authority for discharge, and change  of reenlistment code are 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 on the propriety and equity of his discharge 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 tested positive during a random urinalysis and received an Article 15 for the wrongful  use of marijuana.  The applicant stated his use was a one-time deal, an experiment; however, his enlistment records show he admitted to using marijuana prior to entry into the Air Force. At the time of discharge, the Air Force's drug policy was well publicized and members were continually made aware that illegal drug use was not tolerated. The Board concluded the disciplinary infraction was a significant departure from the conduct expected of all military members. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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 r equirements o f t he d ischarge r egulation a nd w as w ithin t he d iscretion o f t he discharge authority and that the applicant was provided full administrative due process.

Inview 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