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FD-2005-00290

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A FHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will he used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00290	

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 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 received a General Discharge for Drug Abuse and the records indicate that the applicant received an Article 15 for wrongfully using marijuana.  Applicant contends that since his discharge, he has put his nose to the grind (sic) trying to correct his mistake and points out that he has earned an Associates Degree with honors, is currently working on his B.S degree, and is currently employed by
-The DRB was pleased to see that the applicant was doing well and has a good job.  However, the                                               Board concluded the misconduct was a significant departure from conduct expected of all military members, found no inequity or impropriety in his discharge, and concluded the misconduct of the applicant appropriately characterized his term of service.  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	

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