AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

-NA-ME·OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRA,DE	AFSN/SSAN
AIC	•11 I	11111

TYPE

GEN	I

PERSONAL

APPEARANCE	x	I	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGAl'HZATION  OF COt:NSEL

.·	VOTE OF THEBOAlID

MEMBER SITTING
-----------------------------------

-----------------------------------

HON	GEN	UOTHC

OTHER

DENY
x x
x
x x

ISSUES

A95.00

INDEX NUMBER

A66.00

I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNE L flLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHJBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING  OF PERSONAL  APPEARANCE

HEARING DATE	CASE NUMBER

09 Dec 2004	FD-2004-00334
Af'PLICAl\IT:S0JSSOE-AN;D:THEB(fARf.l?SI@  ONI&\';l"tOO'Ali;;i(pilrDlt;:'USsE,i)c.ON!ftml;\1TfAi;2!!'AD!f()lti'$;o1scHAR-0'!$)tEVIEW  BOA.RE! DECISJ_ONAL   RATION ALE
--- >,<-;:_- -,- -_,	- ---
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

1,--,,,","""'' .. .,,,.;;-;;.;o.;;,;;-...- -- -7..-7.- - -- -- -- - - -- ---- - --- --- - - -- - - -- -- -- - --t.	c;.:..l;.
'''

----.;	1

 	-------------------------------------- '·
..·

TO:	FROM:
SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE  PERSONNEL  COllNCIL AIR FORCE DISCHARGE REVIEW  BOARD
1Sl5 COMMAND  DR,  EE Wl G, lRD FLOOR Ar•ODREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE J"\UIVIBER

FD-2004-00334	

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 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 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