.,	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI")	GRADE	AFSN/SSAN

SRA
TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
.-    - COUNSl L:-,_  ,,       NAME  OF COUNSEL  AND  OR  ORGANIZATION	ADDRESS  AND    OR   ORGA1''1ZATJON   OF COUNSEL
YES	No
x

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' 'V,QTE OF THE BOAmr • ·	,.  '	•.··

MEMBER SITTING

-
HON	GEN	UOTHC	OTHER	DENY
"	----------------------------------	x
x
'	x
"	x
"	x
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ISSUES	A94.11	INDEX NUMBER	A66.00	' ' .·	'	EJ\Hl!ll'rs $UBMITTED TO THE'BCfA.R!! ·'
A93.17	1	ORDER APPOINTING THE BOARD	 	
2	APPLTCATION FOR REVI EW OF OJSCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COLNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

HEARING DATE	CASE NUMBER

23 Jan 2004	FD-2003-00488
AJ'PLI C/\,'!-l:r'_S:JSSVE'AND_l}f;B,Q_l\JW '$.DECCSICINAhRA TIONAI> PlSCUSSED. ON -TIIE AITACHED AIR. FQRCE'DI_SCfJAR.C)E.REYJ, W :SOARD-DECISIONAL RATION_A.LE   -	.·
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Case heard at Washington, D.C

Advise applicant of tlie 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:	FROM:
SAF/M RBR	SECRETARY OF THE AIR FORCE PERSONN"EL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40

15J5 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78!50-4742	ANDREWS AFB, MD Z0762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00488	

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 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: Applicant contends his discharge was inequi table because he thinks his first sergeant was unfairly determined to end his career. The records indicate the applicant received two letters of counseling, two records of individual counseling, and two letters of repri mand for misconduct, as well as a letter of counseling for improper drug use. The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members. The board finds that the actions taken by the applicant's chain of command were equitable in light of the misconduct exhibited by the applicant.

Issue 2: The applicant contends his discharge was improper because he had self-identified for drug use and is under the impression that such self-identification precludes a discharge. Air Force Instruction 36-3208, paragraph 1.21.4.1, says that self-identification of drug abuse may be used as reason to discharge, but not in the characterization of service if the member identified for the purpose of seeking treatment. The record indicates the applicant never told his first sergeant or commander that he wanted treatment. The DRB took note of the applicant's duty performance as documented by his performance reports and other accomplishments. They found the seriousness of the willful misconduct offset positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons that were the basis for this case.

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