AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

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

GRADE

AFSN/SSAN

AB
x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

L••••••••••••••••••••••••••••••••••••••

HON	GEN

UOTHC

OTHER

DENY
x x x x
x

ISSUES

A94.53 A92.35

INDLX NUMBER

A66.00

I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARI"l\lG DATE	CASE NUMBER

20 Aug 2004	FD-2004-00193

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

SECRETARY Of THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, £E WING, JRD 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 NUf\'lBER

FD-2004-00193	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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,  change  of  reason  and  authority  for  discharge,  and  change  of reenlistment code are 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.

ISSUES:

Issue I . Applicant contends discharge was inequitable because it was too harsh, stating it was based on one incident. The records indicated the applicant received two Articles 15, a Letter of Reprimand, two Letters of Counseling, and had an Unfavorable Information File for misconduct. His infractions included dereliction of duty, failure to go, driving while intoxicated, and three separate drug-related incidents. On one occasion he was in possession of marijuana. On another, a command-directed urinalysis was positive for the presence of both marijuana and cocaine. And yet another random urinalysis was also positive for marijuana. The ORB opined that through the unit's administrative actions, the applicant had ample opportunities to change his negative behavior and was unwilling or unable to do so. The Board noted the Air Force's drug policy was well publicized and members were continually made aware that illegal drug use was not tolerated.
Marijuana and cocaine use are viewed as a very serious failures to meet Air Force standards and thus the characterization of service member received is warranted and appropriate due to that misconduct. The Board could find no inequity or impropriety on which to suggest a basis to upgrade the discharge.

Issues 2 and 3. Applicant states that his discharge did not take into account the good things he did while in the service. The ORB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were its basis.

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