AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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GRADE

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-	-·	--+---	,

TYPE GEN
--

I	PERSONAL    APPEARANCE

x	RECORD REVIEW

..      COUNSEL.	NAME OF COUNSEL AND OR ORGANl7.ATION	ADDRESS AND OR ORGANIZATION  OF COUNSliL
YES	No
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MEMBER SITTING

I-JON

GEN

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OTHER

DENY

X+* X+*
X+* X+*

JSSUFS

A92.21 A92.36

INDFX NUMBER

A66.00

X+*
·2\JlJmm:
1	ORDER APPOINTING THE BOAR D

2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S R ELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TlM E OF
PERSONAL APPEARANCE
TAPE RECOR DING OF PERSONAL APPEARANCE

IJEARING DATE	CASE NUMBER

14 Feb 2006	FD-2005-00309

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.

+ RE Code
* Reason and Authority

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TO:

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

SECRETMl.Y OF THE AIR FORCE PERSONNEi. COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
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 DISCHARG E REVIEW BOA RD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00309	

GENERAL:	The  applicant  appeal s  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and authority for the discharge, and to change the reenlistment code.

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  and  change  of  reason  and  authority  for  discharge,  and  change  of reenlistment code are denied.

The Board finds the applicant submitted no issues con1esting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identi fy any that would justify a change of discharge.

ISSUES:

I . Appl icant contends his discharge was inequitable because it was based on one isolated incident. The records indicated the applicant received an Article 15 for misconduct.  The miscond uct included underage drinking and wrongfully inhaling nitrous oxide (huffing). The DRB discussed the Air Force drug abuse policy.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.   The basis and characterization of the discharge received by the applicant were found to be appropriate.

2.  Applicant requests that his discharge be upgraded because of his post-service activities.  The DRB was pleased to see that the applicant was doing well, has a good job, and is 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