AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVI<'!<' l\n-""L'» " •	--- --

; INITIAL)

GRADE

AMN

TYPE GEN

PERSONAL APPEARANCE

x

RECORD REVIEW

l;\\i;f:)i  NAMI!: Of COUNSEL AND OR ORGANl7.AllON	ADDRF.SS AND OR OMGANIZ.A TION OF COUNSEL
vr.s	No
x

MEMBER SITTING

HON

GEN

UOTJJC

OTHER	DENY
x x x
x
x

ISSUES

A92.03
A92.02

INDEX NUMRF.R

A66.00

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LElTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMllTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECOR DING OF PERSONAL APPEARANCE

HEARING DATE

CASF. NIJMBER

13Feb 2006

FD-2005-00279

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 J'ERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING,3RD FLOOR A.NJ>REWS A.FB, MD 20762-7002

AFHQ l<'ORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHA RGE REVIEW BOARD DECISIONAL RATIONALE	CASE NLIMBER

FD-2005-00279	

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 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 inequity or impropriety that would justify a change of discharge.

ISSUE: Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, decorations and other accomplishments. The records indicated  the applicant  received  an  Article  15 for manJ uana use. The Board discussed the Air Force policy on drug abuse. They found the seriousness of the willful miscond uct offset any positive aspects of t he applicant's duty performance. The Board concluded the discharge was appropriate for the reasons whi ch were the basis for this case.

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 concl udes 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