..._....

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NA:\IE OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
	11•••·
TYPE    GEN	I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW
> - >:_-:  NAME OF COUNSEL AND OR ORGANIZA TJON	ADDRESS AND OR ORGANIZATIO?'j OF COUSEL
YES	No
x

MEMBER  SITTING

..,

·	·· >c-•.

.. ,. .. :···.• ·

HON	GEN	UOTHC	OTHER	DENY
'
x
x x x
x

lSSUES

A95.00

ll'iDEX NUMBER

A66.00

,,,.,,, .  . •.

'EXHllllTS·Sl:JllMrl;rJ;;l)•:JiO'nJl!,.ll()i\:RD

I	ORDER  APPOINTING  Tl!E BOARD
2	APPLICAflON FOR REVJEW OF DISCHARGE
3	LETTER OF NOTJFlCA TJON
4	BRJEF OF PERSONNEL FJLE COUNSEL'S RELEASE TO THE BOARD
ADDJTJONAL EXHlBJTS SUBMJTTED AT TlME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE  NUMBER

13Jan  2005	FD-2004-00312
Atl!ID'<CA- N1,;-r.-S--JSS:.UE- -'f--l.NP_TW!f-$'fiSCINAlb-RA!rj:WAll: iPl$_CU- So;_S-E-L-l-:O-N:-;ilfilA!fTAC'.HED        <      -  -'	.	.  ,,	·..   .· ·•	... .. ..

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Case heard at Washington, D.C.

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.·
····· ..

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 the applicant at the applicant's request.

,,_- ,_

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TO:	FROM:
SAF/MRBR	SEC:RETARY OF THE AIR FORCE PERSO:-l NEL COUCIL
AIR FORCE DISCHARGE REVIE\\I BOARD

550 C STREET WEST, SUJTE 40

1535 COMMAND DR, EE WING, 3RD J•LOOR

RANDOLPH  AFB, TX 78150-4742	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 NUMBER

FD-2004-00312	

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.

ISSUE: The records indicated the applicant received an Article 15 for wrongfully using 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