·'	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSNISSAN

AMN
I.7	
7

lh Ill'•

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DENY

- - - ----- - - - - ----- - - - - ----- - - - - ----- - - - - -----  -------------+-----+----+----+------+----[
x
x x
x x

ISSUES

A93.0l

INDEX NUMBER

A66.00

A92.37	I	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
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

28 Jul 2004	FD-2003-00504

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.

----------------	---"'----.L:.r.....	---------------------------------------------------------------

TO:

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

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIE"' BOARD
1535 COMMAND DR, EE WL'llG, JRD FLOOR
ANDRE\\'S AFB, MD 20762·i002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nlll\'1BER

FD-2003-00504	

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.

ISSUE:  Applicant was discharged for misconduct, namely drug abuse (marijuana), for which he received an Article 15. During the course of an ongoing Air Force Office of Special Investigations investigation,
member was interviewed under rights advisement and admitted to smoking marijuana while on active duty approximately 20 times.  The record shows that at the time of the discharge member consulted counsel and submitted statements in his own behalf requesting an honorable discharge.  However, member did not request he be considered for retention, and had he, it would have been his burden of proof to show he met the seven retention criteria.  Applicant now says his illegal marijuana use was a lapse of judgment  due to immaturity, and admits he made a regrettable mistake.  The Board noted applicant was 26 years of age when the discharge took place, and there is no evidence he was immature or did not know right from wrong.  The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.  At the time of his 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 member received was warranted and appropriate due to that misconduct.

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