AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NA.ME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

RECORD REVIEW

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON
x x x x

GEN	UOTHC	OTHER

DENY

ISSUES

A92.22 A03.02 A92.00

INDEX NUMBER

A66.00

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 APPEARANCE

HEARING DATE	CASE NUMBER

11 May 2004

FD-2003-00565

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR

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SAF/MRBR

_ _.

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

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

AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used
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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00565	

GENERAL:   The applicant  appeals  for upgrade of discharge  to honorable  and to change the reason  and authority for the discharge.	

licant  appeared  and  testified  before  the Discharge  Review  Board  (DRB) with  counsel,  Mr. of the American Legion, at Andrews AFB, MD, on May 11, 2004.

The following additional exhibits were submitted at the hearing:

Exhibit #6:  CA Army National Guard Honorable Discharge Certificate dated March 19, 2004 Exhibit #7:  NGB Form 22E, Report of Separation and Record of Service
Exhibit #8:   CA Amy National Guard Separation Order 90-1011 dated March 30, 2004 Exhibit #9:   CA DMV Driver's License ID Card Info dated March 17, 2004
Exhibit #10: Two Character letters dated February 10, 2004
Exhibit #11:  Private Pilot's License and Medical Certificate 3rd Class Exhibit #12:  Equifax Credit Report dated March 11, 2004

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:	The  Board  partially  grants  the  requested  relief.  The Discharge  is upgraded  to  Honorable; however, change ofreason and authority for discharge is denied.

ISSUE:  The applicant received a general discharge for misconduct (drug abuse) and cited three issues:

Issue 1: This was a one-time incident which occurred after an otherwise immaculate record of service; there was no other record of misconduct.

Issue  2:	Applicant  turned  himself  in  to  the  authority  immediately   after  realizing  his  mistake  and subsequently cooperated fully with the AFOSI during the investigation.

Issue 3:   Applicant's  post  service community efforts and employment  have been extensive with no further incidents with law enforcement.

The Board found that the evidence of record and that provided by the applicant substantiated an impropriety that justified a change of discharge in that the applicant self-identified his drug abuse to both his  First Sergeant and the AFOSI. He testified that this was a one-time incident that he felt peer pressured into doing as he was new to his unit. There is no record of evidence to indicate that either his unit or the AFOSI would have had any reason to suspect/investigate him had he not come forward and self-identified his drug abuse. Having self-identified his drug abuse, the applicant should have been granted an Honorable Discharge which would have been consistent  with the procedural and substantive requirements  of the discharge regulation. The Board found no evidence of impropriety or inequity in this case on which to base a change to the reason and authority for the discharge as the applicant did self-admit to drug abuse.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was not consistent with the procedural and substantive requirements of the discharge regulation. In view of the foregoing findings, the Board further concludes that since the applicant self-identified his drug abuse, the character of applicant's service should have been Honorable under the provisions of Title 10, USC 1553.

The Board further concludes that there exists no legal or equitable basis for change of reason and authority for discharge, thus the applicant's reason and authority for discharge should not be changed.

Attachment: Examiner's Brief