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AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

TVPE  GEN

I	PERSONAL    APPEARANCE

AB

x	I	RECORD   REVIEW

 		c_o.u.,N._s_	_, NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING
--- ··----- ··----- ···---- ··------

HON	GEN	UOTHC

X*

OTHER

DENY

X* X* X*
X*
·----- ···----··---- ··----- ··--

ISSUES

A94.06

INDEX NUMBER

A66.00

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE 	
3	LETTER OF NOTIF!CA TION 	
4	BRI EF OF PERSONNEL FI LE COUNSEL'S  RELEASE  TO THE  BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEAR'\.NCE

HEARING DAT£	CASE fliUMBER

13 Dec 2004	FD-2004-00379

Case heard at Washington, D.C.

* Miscond uct - Minor Disciplinary Infractions Advise applicant of the decision of the Board.

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:·----   -- <'"
TO:
SAF/MRBR

'  ,,,,

'   ..	'	'
FROM;
SECRETARY OF THE AIR FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE  REVIEW  BOARD

550 C STREET WEST, SUITE 40
RANDOLPH  AFB,  TX  78150-4742

1535 COMMA?ll"D DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE l'\UMBER

FD-2004-00379	

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: The Board grants the requested relief.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the record and evidence provided by applicant, the Board finds the applicant's discharge and reason and authority for discharge inequitable.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 for inhaling the fumes of liquid butane. The Board found the applicant's explanation plausible and opined that he does not fit the "true" definition of drug abuser. Although inhaling liquid butane is still misconduct, the Board agreed that the characterization of the applicant's discharge should be changed to Honorable and the Reason and Authority changed to Misconduct - Minor Disciplinary Infractions.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honora ble discharge and the reason for the discharge is more accuratel y described as Misconduct - Minor Disciplinarily Infractions under the provisions of Title I 0,
use 1553.
Attachment: Examiner's Brief