AIR FORCE DISCHARGE  REVI EW BOARD HEARING  RECORD

-NAVI E  O F SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)

GRADE

AB

AFSN/SSAN

TYPE  GEN	I	PERSONAL     APPEARANCE
:H,'.''.¢t)µ	;ii +: NAME OF COU"'."ISEL A NO OR ORGANIZATION
YES	No
x

MEMBER SITTING

x	I	RECORD  REVIE	"'	1
ADDRESS AND OR ORGANIZATIOr-i OF COUNSEL

..... .·· ···•···	.. .. .•·•··· XP1' 1?Ii1·1'M' W ...	. 'i • •   ·.,·..	...
HON	GEN	UOTHC	OTHER	DENY
x x

.	x
x
x
·----- ··----- ··----- ··----- ··----·

ISSUES

A94.0S

INDEX Nff\f BER

A67.10

I	ORDER APPOfNTfNG THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFJCA TION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDfNG OF PERSONAL APPEARANCE

HEARING DATE	CASE  l\LMBER

07 Oct 2004	FD-2004-00241
.

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

.........................................................................................................................-..-------r

''

TO:

SAF/1RBR
550 C STREET WEST, SUJTE 40
RANDOLPH  AFB. TX 781 50-4742

FROM:

SECRETARY OF THE AIR FORCE PERSO;-.l:'>l EL couCIL 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

:

CASE NUl\IBER
AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	FD-2004-00241

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

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,  change  of reason  and  authority  for  discharge,  and  change  of reenlistment code are denied.

ISSUE:	Applicant does not contest his discharge.	He states that he began hanging out with the v»rong people and now wants to reenlist.  The records indicated the 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 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