I  •	A IR  FORCE  DISCHARGE  REVIEW  BOARD  HEARING  RECORD

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su hm i t a n appl icat ion t o the AFBCMR

N;1111es and vot es wil l be made avai labl e to the appl icant at t he applicant's request.

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.\ FHQ FORM 0-2077, JAN 00	(EF-V2)	Previous ed i tion will he used

AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00248	

GENERAL:  The applicant appeals for u pgrade 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 avai lable 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 impropriety or inequity that would justify a change of discharge.

ISSUE: Applicant contends that his drug abuse was experimental and that he had never had an encounter with drugs before this incident, that it was a life lesson learned, and that he realizes that he has brought discredit to himself, his country, and the USAF. The records indicated the applicant  wrongfully  used marijuana on two separate occasions and received an Article 15 for each one of these actions. The Board concluded the miscond uct was a significant departure from conduct expected of all mi litary members and that his willful, multiplc use of marijuana blatantl y ignored the Air Force Zero Tolerance drug policy and offset any positive aspects of his duty perfom1ance. The characte rization of the discharge received by the applicant was found to be appropriate and the Board concluded the discharge was appropriate for the reasons which were the basis for this case.

CONCLUSIONS: The Discharge Review Board concludes that the  discharge  was  consistent  with  the proced ural 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