AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

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TYPE GEN

T	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW	.

YES	No
x

NAME  OF COUNSEL  AND  OR ORGA!'ilZATIO?ll	ADDRESS Ar-iD OR ORGA?llIZATION OF COUNSEL

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INDEX  NUMBER

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1	
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ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUKSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARJNG DATE	CASE NUMBF.R

07 Oct 2004	FD-2004-00237

Case heard at Washington, D.C.

Advise appl icant 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 RANDOLPH AFB, TX 78150-4742

FROM;

SECRETARY OF THE AIR FORCE PERSON EL COUNCii.
AJR FORCE DISCHARGE REVIEW BOARD 1535 COMMA]'t;D DR, EE WING, 3RD FLOOR ANDRE\','S AFB, MD 20762.7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nlll\1BER

FD-2004-00237	

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 wrongful use of 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 appl icant 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