AIR FORCE DISCHARGE  REVIEW  BOARD HEARING  RECORD

NAME OF SERVICE ) EMBER (LAST, FIRST MIDDI.E INITIAL)

GRADE

AFSN/SSAN

SRA
X	RECORD REVIEW
ADDRESS AND OR ORGAN17A TION OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER
x x x
x x

SSUES

A94.05

11\'DEX NUMBER

A66.00

1	ORDER APPOINTING THE BOARD
2	.AJ'PLICATION FOR  REVIEW OF DISCHARGE
3	LETTER  OF NOTIFJCA TION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADD!TlONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  DATE	CASE NUMBER

12 Oct 2004	FD-2004-00231

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:

SAF/MRBR
550 C STREET WEST, SUITE 40

.. < '	!>Jl$!i111'JN'J' .·
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FROM:
SECRETARY OF THE AIR FORCE  PERSONNEL COU!l.'CIL AIR FORCE DISCHARGE REVJEW  BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH  AFB, TX 78150-4742

ADREWS 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 NUfVIBER

FD-2004-00231	

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.

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15 for wrongfully using marijuana.  Applicant believes he was wronged and would like to clear his name.  He also would like to receive the GI Bill.  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.  The applicant cited his desire to
receive the G.I. Bill benefits as justification for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he understood he must receive an Honorable	·· discharge to receive future educational entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an.upgrade.

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