AJR  FORCE  DJSCH A RG E  REVJEW  BOARD HEARI NG  RECORD

NAME OF SERVICE /\!EMBER (LAST, FIRST MIDDLE IN ITIA L)

1- - c ·  o ...u ..N..s _i_ :l._  , NAMF OF COUNSH. AND OR ORGANIZATION

GRADE

- A-FSN-/S--SAN	=

TYPE GEN	PERSONAL   APPEAR ANCE

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x	RECORD   REVIEW

YES	No
x

ADDRESS AND OR ORG ..NIZA TION OF COllNSl:L

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VOTE OF THE BOARD

M EMBER SITTI NG

HON

GEN	LJOTHC

OTH ER	Df NY

x
x

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x
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x
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x

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E'X.HIIiiTSSUnMITfED TO TIIE BOARD-·-----

ISSlJ£S

A93.09

INDEX NlJ MIJEll

A66.00

OR DER APPOINTING THE BOARD
2	APPi .!CATION FOR REVIEW OF DISC! IAR GE
3	LETTER or NOTIFICATION

f-4-

8RIHOF PERSONNEL FILE--------  '"  ' --·-

-+--  -
COUNSEL'S RELEASE TO TllE GOARD ADDITIONAL    EXHIBITS   SUBMITTED  AT   TIME   OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEAR ANCE

Ht:ARING DA TE	CASE NUMBl:ll

08 Dec 2005

FD-2005-00217

APPLICANTS ISSUE '\NP l'HE BOARD'S IJFX;IRI_91)1i\J;.F,AT! ONAL ARE DISCUSSED ON 'J'f:IE.ATTACHED Alll FORJJll:plSCHARGE REVIEW llOARD DEClS10l'! :l'Jl.ATl0NALI'

Case heard at Washington, D.C.

Ad vise appl icant of t he decision of the Board, the right to a personal appea rance with/without counsel, and the r ight to submit an application to the AFBCMR

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

TO:

/
'.·.····	·.. ,	'	\ i	_

Si\F/MRR R
550 C STREET WEST. SUITE 40

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 	AIR FORCF; DISCHARGE REVI£W llOARD	 	 1535 COMMAND DR, EE WING, JRD FLOOR

RANDOLPH   AFB.  TX  78150-4742	-

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SA_ENCD_RR_EETWASRYA_F_OB_,-MT-lDIE2.0A762--7F-0lJ0R2_C_f_PE_R_SO_N_N_E_L_C_OU_N_C_lL_	_

A F'HQ FORM 0-2077, JAN 00	(EF-V2)	Prev ious edition wi ll be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nl.IMIJf:R

FD-2005-00217	

GENEH.AL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DR R) but declined to exercise this right.

The attached brief contains available perti nent 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: Appl icant does not contest his discharge. He stales that he has had a clean record with no  fi.1rthcr legal implications and that he would like to regai n benefi ts previously denied him due to his discharge. The records indicated the applicant received an Article 15 for wrongfull y usi ng marijuana on two separate occas10ns. In  addition,  he received  three  Letters  of Reprimand  and  four Records of Indi vidual  Counseling for failure to go and for missing an appointment. The DRB opined that through  these admini strative 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 mi l itary members. The  characterization  of  the discharge received  by the appl icant 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.

ln 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