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•	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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TYPE GEN	x	I	l't;KU!'IAL    ...- r BrtIn.n 2E	I	RECORD REVIEW
COUNSEL	. NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZA TJON OF COUNSEL
YES	No
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VOTE OF THE BOAR!),
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HON	GEN	UOTHC	OTHER	DENY
x x
x x
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ISSUES	A92.22	INDEX NUMBER	A67.70	•t•:i •§   .··.•        EXHIBITSS	MITTED TO.TlIE BQAJU)'   . ...... :- .
A92.02	I ORDER APPOINTING THE BOAR D
A92.04	2	APPLICATION FOR REVIEW OF DISCHARGE
A92.08	3	LETTER OF NOTIFICATION
A92.IO	4	BRIEF OF PERSONNEL FILE
A92.20	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXH IBITS SUBM ITTED AT TIM E OF PERSONAL APPEARANCE
TAPE R ECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

20 Oct 2005	FD-2005-00231
APPLICANTS ISSUE AND THE BOARD'S DECISIONAL RATJONAL ARE DISCUSSED ONTHE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
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Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

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

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SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, JRD FLOOR

RANDOLPH  AFB, TX 78150-4742	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-2005-00231	

GENERAL:  The applicant  appeals for upgrade of discharge to honorable.

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Andrews AFB on 20 Oct 2005.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  The Board grants the requested relief.  The discharge is upgraded to Honorable.

ISSUE: Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received a General (Under Honorable Conditions) discharge from the West Virginia Air National Guard on 8 Jan 2005 for misconduct - drug abuse.  The applicant tested positive for marijuana during a UTA weekend in 2004.  The Board found that the member has had an exemplary 28 satisfactory years of service for retirement. One year and eight months of that time he served on active duty.  During that time, the applicant served I 0 months in Vietnam as an Army Infantryman.  He also received the Bronze Star and two Purple Hearts (unconfirmed).  The applicant stated that the misconduct was the only blemish in an otherwise outstanding military career and that he was truly sorry for his indiscretion.  The Board concluded that relief
is warranted based upon consideration of the applicant's service record.  However, the Board did not condone the misconduct.

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 an Honorable discharge.

Attachment: Examiner's Brief