AIR FORCE DISCHARGE  REVIEW  BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE ll'ilTIAL)

GRADE	AFSN/SSAl'i

Mlll!P NM
TYPE  GEN

PERSONAL  APPEARANCE

AIC
x	RECORD  REVIEW

r1mrr 1 •

' -t?j NAME OF COUNSEL AND OR ORGANIZA TIO
YES	No
x

AOpRESS  AND OR ORGANlZA TlON OF COl'NSEL

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DEN Y
x x x x
x

ISSL'ES

A92.35

INDEX NUMBER

A66.00

l	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   DA Ti,:

CASE NUMBER

FD-2004-00114

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 W  ST   UITE 40 RANDOLPH AFB,

SECRETARY OF THE AIR FORCE PERSOl'iNJ:L COUNCIL AIR FORCE DISCHARGE REVlE\"\o' BOARD
1535 COMMAND DR, EE WI:'tiG, 3-RD 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 NUl\1BER

FD-2004-00114	

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 contends discharge was inequitable because it was too harsh, namely that it was based on one isolated incident. The records indicated the applicant received an Article 15 for drug abuse and violating a lawful order. Specifically, member violating a lawful order not to travel to Mexico, which was off limits for military personnel assigned to Laughlin AFB, Texas. Furthermore, he wrongfully possessed 16 milliliters of methenolone enanthate, a Schedule  Ill controlled substance. He also improperly used Clenbuterol, an anabolic steroid not approved by the United States Food and Drug Administration for human or animal consumption, as was evidenced by the results of a probable cause urinalysis. The DRB also noted member had admitted to pre-service use of Lysergic Acid Diethylamide (LSD), cocaine, and marijuana use during a mental health appointment. He was diagnosed with an Adjustment Disorder with anxiety and depression, and subsequently with the early onset of a dysthymic disorder. The Board concluded the applicant's misuse of drugs while in the Air Force was a significant departure from conduct expected of all military members, and the Air Force policies  regarding such abuse were well known. There was no evidence applicant was immature or did not know right from wrong, thus he was held accountable for his actions. The Board also noted he was age 23 when his offenses occurred, older than most first term airmen who adhere to the standards expected of them. The characterization of the discharge received by the applicant was thus found to be appropriate in view of the serious 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