AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAIE OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

TYPE GEN

AB
I	PERSONAL APPEARANCE	x I	RECORD REVIEW

(;illJN,$---- ,-,-
YES	No
x

NAME OF COL:NSEL AND OR ORGANIZATION

ADDRESS Af'\D OR ORGANIZATION OF COUNSEL

MEMBER  SITTING
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HON

GEN

UOTHC

OTHER	DENY
x x x x

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ISSUES

A95.00

IDEX NUMBER

A66.00

1	ORDER APPOINTING THE BOARD
2	APPL!CATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBJTS oUBM!TTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARJNG  DATE	CASE Nt:MBER

09 Dec 2004	FD-2004-00017

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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TO:	FRO"M:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78!50·4742

SECRETARY OF THE AlR  FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WI:'<l"G, 3RD FLOOR ANDRE\\-'S AFB, MD 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUl:\ JBER

FD-2004-00017	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the available service record. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated the applicant received an Article 15 for wrongfully using marijuana. 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