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AIR-

FORCE  DJSCH A RG E REVIEW  BOA RD HEARI NG  RECORD

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ITIAL)

GRADE

TYPE GEN

I	PERSONA L  A PPEARANCE 	

AB
x	RECORD R EVIEW

YES	No
x

NAME Of COUNSEL ANIJ OR ORGANIZATION

Al)l)RESS AN[) OR ORGANIZATION  OF COUNSEL

MEMBER SITTING
x
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x
x x x

ISSllF.S		A66.00 A94.05

I    INIJEX NUMBER

A66.00
A94.39	I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER Of' NOTIFICATION
4	BRIEF OF PERSONNEL FILE------··---·	.j
COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXH I BITS SUBMITTED AT TI M E OF PERSONAL A PPEARANCE
TAPE RECORDING OF PERSON A i. A PPEARAN CE

HEARI N G DATE	CASt: NUMII E:R

26 Jan 2006	FD-2004-00283
'Af'PLIC'.'.'!:'.:r)\	nm.	:_:-;,;;:4J WNA  J!.ATI911iA,lf	l>l !JSSED ON THE ATACHF. _1H cE Q1 ¢l!Ap.ti£ REVIEW BOARD O( ISlC!f'!i	IElNAI;. ,.;;i<JB,;/;§;; G· {' .;:'\.'
Case heard at Washi ngton, D.C.
•
Ad vise applicant of the decision of the Board and the right to submit an application to the AFBCMR. Names and votes wi ll be made avai lable to the appl icant at the appl icant's req uest.

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SECRETt\ RY OFTllF. t\ IR  FORCE  PERSONNEL  COUNCii AIR FORCE DISCHARGE  REVIEW BOAkl>
1535 COMMAN D DR. EE WING. 3RD Ft.OOR ANDR EWS t\ FD, MD 20762-7002

I

A FHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition w ill be used

AIR FORCE DISCHARGE REVIEW BOA RD DECISIONAL RATIONALE	CASE NUMBEH

FD-2004-00283	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) via videoconference from the Florida State Armory, with DRB deliberation held at Andrews AFB, Maryland, but declined to exercise this right.

Additional exhibits and evidence submitted:  None

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 his discharge. Additionally, the Board finds that neither  the evidence of record nor that provided by the applicant that substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE: The applicant submitted  no additional issues that challenged either the basis for his discharge or characterization of his military service. The applicant received a General discharge on 3 January 2002 for misconduct - drug abuse. Specifically, on 26 November 2001 the applicant received an Article 15 for the wrongful use of marijuana. In his  written response to the Article 15, the applicant alleged that he was "innocent," because what "[he] actually smoked was a cigar and not marijuana." Additionally, although not listed among reasons for the applicant's discharge in the Notification Memorandum, the applicant had also received three Letters of Reprimand, dated 3 October 2001, 12 October 2001, and 14 November 2001 respectivel y, for being late for duty on "numerous occasions,'' failure to inspect a piece of mission essential equipment, namely a "CTK LR 014," and failure to meet established dormitory standards on re-inspection of his quarters. The Board noted the applicant's stellar pre-service record wherein  he  maintained  high academic standards, achieving membership in Who's Who Among American High School Students and acceptance to attend the US Naval Academy Preparatory School, among other accolades. Thus, the Board considered the plausibility that the charges against the applicant may represent an aberration and not his overall character. Although the applicant alleges that he has "never smoked marijuana in [his] life ..."and believes that he was "duped" into admitting he used the drug by his friends, the Board was deprived of an opportunity to consider an upgrade of the applicant's discharge either through his verbal  testimony or the presentation of other supporting evidence to the Board. Therefore, with the presumption of regularity in the case under review, the Board found no basis upon which to justify a change in either the reason for the applicant's discharge or the characterization of his military service.	
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