AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAi\IE OF SERVICE l\JEMBER (LAST, FIRST l\IIDDLE l;"llTIAL)	GRADE	AFSNISSAN

TYPE GEN

AB
PERSONAL  APPEARANCE	x	RECORD REVIEW

.. m	mt

HiiJ?--;'CJ?PN fri:'f:i, NAME OF COUNSEL A....,D OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANlZA TION OF COUNS};l.

MEMBER SITTI!'iG

HON	GEN

UOTHC	OTHER	DENY
x x x x x

ISSUES

A93.01 A92.01 A92.03 A92.19

INDEX NUMBER

A93.l7

ORDER APPOINTJNG THE BOARD
2	APPLJCATJON FOR REVlEW OF DJSCllARGE
3	LETTER OF NOTJFJCA TION
4	BRJEF OF PERSONNEL FlLE COUNSEL'S RELEASE TO THE BOARD
ADDJTIONAL  EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARA::\'CE

HEARING DATE	CASE NUMBER

14 Jun 2005	FD-2004-00503

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.

TO:

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

SECRETARY OF THE AIR FORCE  PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE wu..c,3RD FLOOR
A:...,DREWS 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  t:J\.-tBER

FD-2004-00503	

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 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,  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.

ISSUES:

Issue I . Applicant contends discharge was inequitable because it was one isolated incident of immaturity and personal stress related to a new marriage and parental responsibilities.  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 Board noted he was essentially the same age as other airmen who complete their enlistments without disciplinary infractions, and there was no evidence he did not know right from wrong.  Additionally, the Board noted the applicant had recently re­ enlisted when his misconduct occurred.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, decorations, and other accomplishments.  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 which were the basis for this case.

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