AIR FORCE DISCHARGE RF.VIEW BOARD HEARING RECORD

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ITIAL)	GRADE

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YES	No
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NAME  OF COUNSEi, AND OR ORGANl7.ATION	ADDRESS AND OR ORGANIZATION  OF COUNSEi,

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DENY
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ISSUES	A93.03

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INDEX NUMBER	A49.00	.	F.YlllR   1	uo1nI1l'ED 1v,	@=3===· =· [
1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR  REVIEW  OF  DISCHARGE
3	LETTER OF N_O_T_l_F_C_A_T_JO_N 	

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4	BRIEF OF PERSON_N_E_,J_,_F_lL_E 	
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COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	C:ASE NUMBER

FD-2005-00306
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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.

I  Names and votes will be made available to the applicant at the applicant's request.

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AFHQ FORM 02077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00306	

GENERAL; The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 contends discharge was ineq uitable because he coul d not pass his Career Development Course (CDC). The records indicated the applicant received four Letters of Reprimand for misconduct. The misconduct included failure to go on two separate occasions, lying, disobeying an order, dereliction of duty, reporting to commander with unpolished boots and facial hair, and a positi ve test for the prescription drug Adderal. The applicant did not have a prescription for this drug at the time of drug testing. The records also showed that the applicant failed his end-of course exam for his CDCs twice. The ORB opined that through these administrative actions, the applicant had ample opportunities to change his  negative  behavior.  The Board reviewed and discussed the applicants CDC testing scores and comments made by his instructors. 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