AIR FORCE DTSf'HARGE REVIEW BOARD HEARING RECORD

' 1 ---=--

ITIAL)

TYPE GEN

x

PERSONAL  APPEARANCE	x	RECORD  REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER	DENY
x x x x x

ISSUES

A93.17 A93.09

INDEX Nl'MBER

A67. 10 A62.00

1	ORDER APPOINTING THE BOARD
2	APPLICA TJON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICA TlON
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

15 Jul 2005	FD-2005-00002

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:	FROM:
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 WING, JRD FLOOR 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 NlJMBER

FD-2005-00002	

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 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 does not contest his discharge. He reaffirms the fact that he smoked marijuana before enlisting in the Air Force but then admitted to it a year later. The records indicated the applicant received an Article 15 for making a false statement about never using marijuana on his enlistment papers and for failing to refrain from drinking alcohol while under the age of 21. In addition, he also received three Letters of Reprimand, and four Records of Individual Counseling for various misconduct. The  DRB  opined  that through these administrative actions, the applicant had ample opportunities to change his negative behavior. 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