AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

,NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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GRADE
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AFSN/SSAN

TYPE  GEN	I

PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

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YES	No
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MEMBER SITTING

ADDRESS AND OR ORGANIZATION  OF COUNSEL

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A95.00

INDEX NUMBER

x x x
x
A66.00	• •i  it. r ; t; 11 /\Ill.ISi • SUBMITIJl:·il\:\)	)JJ(! !lf/j,   • }:
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

29 Jun 2004	FD-2004-00140

·....	...

APPLICANT'S ISSUE AND THE BOARD'S DECISJONAL RATIONAL ARE bJSC(JSSEf'l'. Ol'/ 1JJE ATTAQl;IED AIR FORCE DISQJA)t!}EREVIEWBOAR.D  DECISIONAL RATIONALE
.·.	.	.        ..•. .. .   . ...·.··    .   .,.     .   .	.	·

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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I	I

TO:

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

FROM:

SECRETARY  OF THE AIR FORCE  PERSONNEL  COUNCIL 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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00140	

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. 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 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 applicant received an Article 15 for wrongfully using marijuana. The Board concluded the disciplinary infraction was a significant departure from the conduct expected of all military members.  The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of 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