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AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

·-	NAME  OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
AB	I I	I •
\

TYPE

UOTH	I

PERSONAL    APPEARANCE	x	I

RECORD REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION		ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No		'
x
VOTE OF THEBOARD
MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY
x
x
•
x
,
x
,
x
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ISSUES	A92.35	INDEX NUMBER	A67.70	Ex,IIBITS  SUBiVIITfED  IO 'Ul!{o-	-
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

09 Ma r 2004	FD-2003-00514
APPLICANT'S ISSUE AND THE BOAJID'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DIS..CH. ARGE REVIEW BOAJU) DECISION RAUONALE
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	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JRD FLOOR
RANDOLPH  AFB, TX 78150-4742	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-2003-00514	

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

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:

The applicant states that his discharge was inequitable because it was based on one isolated incident in 26 months of service. The records indicate the member tested positive for methamphetamines. The member admitted to using marijuana, cocaine, and LSD during a 12-month period. The Board concluded the misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate.

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