AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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GRAL>I<:

Al C

AFSN/SSAN
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TYPE    GEN	x	I

PERSON AL APPEARANCE

I	RECORD    REVIEW

1- c_op.N_$1_t1_,	-1 NAME OF CO!JNSEL AND OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANIZATION Ot' COLJ NSEI.

VOTE OF THE BOARD

M E M BE R SITTI NG

HON

GEN

UOTHC	OTHER	DENY

X+* X+*
x	+*
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x	+*

SSllES

AOI.31 AOl.25

INDEX NUMBER

A66.00

EXHIBITS SUBMITTED TO-THE BOARD
ORDER APPOINTING THE BOARD

X+*

A92.17

2	APPLICATION FOR REVI··E-W- ·O-F DISCHA R(ji: -------
3	LETTER OF NOTI FICATION
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4

BRIEF OF PERSON Nl·:I. 1-11.r.
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COU NSEL'S RELEASE TO THE BOA R D ADDITIONAL EXHIBITS SUHM!TTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE IIE

HEARING IJATE	CASE NUMBER

17 Nov 2006	FD-2004-00272
APPLICANT'S ISSUE ANO THE BOARD'S Ol!CISlONAL RATIONAL AR.ll DISCUSSED ON THE ATTACHED AIR FORCE OlSCHAROE REVIEW BOARD DECJSIONAL RATIONALE

Case heard in 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

Names and votes will be made available to t he appl icant at the applicant's req uest.

* Reason and Authority
+ Reen l istment Code

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TO:

SAF/MRBR
550 C STR EET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

»ROM:

SECRETARY OF TllE AIR FORCE PERSONNk:I, COVNCIL AJR FORO:DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RIJ FLOOR ANDREWS AFB, MD 20762-7002

AFHQ  FORM  0-2077, JAN  00	(EF-V2)	Previous ed ition wil l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00272	

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 appeared and testified before the Discharge Review Board (DRB), without counsel, at Travis AFB, CA, via video-teleconference  with Andrews AFB on 17 Nov 2006.

The following additional exhibits were submitted at the heari ng: Exhibit 5: Resume
Exhibit 6: (8) Trai ning Certificates Exhibit 7: FBI Complaint

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.

ISSUE:

Issue 1. Applicant contends there was an impropriety in his discharge from the Air Force.  lie contends his discharge was improper because the evidence surrounding his discharge was circumstantial.  This issue is without merit.  The records indicated the applicant received a Letter of Reprimand for wrongful possession and use of marijuana, following which the discharge action was pursued.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge recei ved by the applicant was found to be appropriate.

Issue 2. Applicant states that h i s discharge did not take in to account the good things he did while in the service.  The ORB took note of the applicant's duty performance as documented his performance reports, letters of commendation and other information contained in the records.  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 that were the basis for this case.

Issue 3.  The applicant cited his desire to receive the G.l. Bi ll benefits as justification for upgrade.  The ORB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on  November 6, 1992) 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. ln 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