AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE	AFSN/SSAN

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

---

SRA

•••••

TYPE  VOTH	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

YES	No
x

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY
x x x x
x

SSUES

AOl.13

INDEX NUMBER

A74.00

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

HEARING DATE	CASE NUMBER

27 Feb 2004	FD-2003-00505

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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SAF/MRBR
550 C STREET WES	UITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, lRD 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

FD2003-00505	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal  appearance before the Discharge Review Board 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 applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issues. Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge pursuant to his request to be discharged in lieu of trial by court martial. Member was accused of using marijuana and psilocybin mushrooms on divers occasions, distribution of marijuana, and introduction of marijuana with intent to distribute, all offenses occurring between 1 May and 14 October 2001. During the course of an investigation by the Air Force Office of Special Investigations, three witness statements corroborated applicant's illegal drug use. Additionally, applicant had other misconduct consisting of a failed dormitory room inspection and dereliction of duty. For these infractions he had three Letters of Reprimand. Applicant now comes stating he was singled out and the evidence against him was insufficient, but he requested discharge to avoid further humiliation and save the Air Force res_ources. The Board concluded member's misconduct was a particularly serious failure to meet Air Force standards and an extremely significant departure from conduct expected of all military members. The Air Force's drug policy was well publicized and members were continually made aware that illegal drug use was not tolerated. For the period of service under review, his misconduct was sufficient reason for receiving a UOTHC discharge. The Board further notes that applicant voluntarily submitted his request for discharge in lieu of trial by court martial, thus not attempting to establish his innocence or present any extenuating or mitigating factors. In doing so he acknowledged that under these circumstances his characterization of service could be deemed under other than honorable conditions in accordance with discharge regulations, wherein airmen so discharged usually do have their service characterized as UOTHC. The Board found no wrongful action by the Air Force, and could find no inequity or impropriety on which to base an upgrade to the 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