AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MJDDLE INITIAL)	GRADE	AFSN/SSAN

AB	I I.	II1
TYPE  GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
.COlJNSltL'	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
x

-···--  _,

VOTE O;TQE BOARD
MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x x
x

ISSUES	A93.09	INDEX NUMBER	A66.00	EXHJBiTSSUBMIITED    TOTHEBOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

27 Apr 2005	FD-2004-00491
APPLICANT'S ISSUE ANDTmBOARD'S DECISIONAL RATIONAL ME DISCUSSED ON THE ATTACHED AlR FORCE DISCHARGE REVIEW BOARD DECISIONAL RAnoNALE
"N-'" •	<, '·	.'·',·,<. ·.··
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

Names and votes will be made available to the applicant at the applicant's request.

i

.  .   '·   ·,·

I	..	INDORSEMENT
--

{.	a

DArn  <127121 	

TO•	FROJll:

SAF/MRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE l)ISCHARGE REVIEW BOARD
550 C STREET WEST, SU ITE 40	1535 COMJllAND DR, EE WING, JRD FLOOR
RANDOLPH AFB, TX 78I 50-4742	ANOREWS AFB, JllD 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-2004-00491	

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 pe1iinent data on the applicant and the factors leading to the discharge. FINDINGS:  Upgrade of discharge is 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: Applicant contends discharge was inequitable because it was too harsh due to personal problems. The records indicated the applicant received two Article 15s, one for failure to go and the other for wrongfully using marijuana. The applicant states that the Article 15 for marijuana use was fabricated. The record indicates the applicant admitted to the OSI that he used marijuana and a search of his residence resulted in the seizure of substances that field tested for marijuana. Also, the applicant's wife and another military member admitted to smoking marijuana with the applicant on numerous occasions. 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