•	

m	w-:HARGE REVIEW BOARD HEARING RECORD

NITIAL)

ITvrE GEN	PERSONAL  APPEARANCE

x	RECORD REVIEW

YES	No
x

NAJI.IE OF COUNSEL AND OR ORGANl7.ATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER	DENY
x

ISSUES

A94.53 A93.17

INDEX NUMBER

A67.70

x x
x x

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE CGUNSEL'S RELEASE TO THE BOARD

ADDITIONAL E	!BIT   SU   M	D AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

18 Aug 2005

FD-2005-00154

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.

SAF/MRBR
550 C STREET WEST, SUITE 4()
RANOOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCRARGE REVIEW BOARD

1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 10761-7091

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NU!'.lBER

FD-2005-00154	

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 the applicant submitted no  issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:  The records indicated the applicant received an Article 15, for using and importing Clembuterol and Testanon (anabolic steroids), Schedule III controlled substances into the customs territory of the United
States, and wrongfully using Sustanon (anabolic steroid) a Schedule III controlled substance; and a Letter of Reprimand, for failure to appear for traffic court and failing to return to duty.  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