AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

--- - -- --- -- - -...,ITIAL)

GRADE

TYPE UOTH

I	PERSONAL APPEARANCE

MAJ
x	I	RECORD  REVIEW

·:,   Oi})!$"*1··.•y ,   NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZA TJON OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC	OTHER
x x x x
x

DENY

ISSUES	A94.05	INDEX NUMBER

A67.70;--	12,d-,2--_ .; - ; -	11 1. - 1"1£..i.l«li-1-,. - - oor;;-,.:i-- j
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

15 Dec 2005	FD-2005-00147

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.

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
I535 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 NUMBER

FD-2005-00147	

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 discharge is upgraded to general.
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 UOTHC discharge is too harsh and upgrades it to a General.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Under Other Than Honorable Conditions (UOTHC) discharge for misconduct, specifically, drug use. The Board concluded the UOTHC was too harsh and upgraded the applicant to a General discharge. The Board could not upgrade to an Honorable due to the inconsistencies in the applicant's issue. He stated, "At a routine security clearance in my mid 40s, I was asked about and gave a truthful accounting of marijuana use during my 20s and I was subsequently given an OTH discharge." However, he then subsequently stated he "had not used drugs since my 30s nor have I since." Based on applicant's account, it appears he used drugs in his 20's and 30's. Ifhe can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board. Ifhe should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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 a General discharge under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief