AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
I

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GRADE

rvrE GEN

YES	No
x

I	PERSONAL    APPEARANCE
NAME OF COIJNSF.L AND OR ORGANIZATION

AlC
x	I	RECORD REVIEW		-
ADDRESS AND OR ORGANl7ATION m- COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER

DENY
x x x x

ISSIJJCS

A92.21

INDEX NUMllER

A66.00

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1	ORDER APPOINTING THE BOARD

2	APPLICATION   FOR REVIEW  OF_D_JS_C__H
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

AR_G_ E_ 	
1

ADDITIONAL  EXHIBJTS  SUBMITTED AT TIM E OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

14 Feb 2006	FD-2005-00285
I	I
APPLICANT'S ISSUE AND THll BOARD'S OEOSIONAL RATIONAL ARE DISCUSSED ON 11fti ATTACHED Alli fORCJ! J;>ISCHAl«lJ! 111!-YlliW BOA.RD DECISIONAL it.ATIONALE

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.

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEl. CQIJNCIL AIR FORCE DISCHARGE REVIEW BOA.RD
1535 COMMAND DR, EE WING, JRD FLOOR 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-2005-00285	

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 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 the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE: Applicant contends that his discharge should be upgraded because of his post-service activities.  The records indicated the applicant received an Article 15 for misconduct.  The misconduct included wrongfully using marijuana on divers occasions.   The Board discussed the Air Force policy on drug abuse.  The DRB concluded the misconduct was a significant departure from conduct expected of all military members.  The Board was pleased to see that the applicant was doing well and has enrolled in college.  However, no
inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The characterization of the discharge received by the applicant 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.

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