AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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GRADE	I

TYPE UOTH

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·1	PERSONAL    APPEARANCE	x	I

RECORD REVIEW

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f--·._.._co_l.J.N._s_i.•_. ----j NAME Of COUNSEL ,\ND OJI OJIGANl7ATION
YES	No
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ADDRESS AND OJI OJIGANIZATION OF COUNSEL

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X+*
X+* X+*

1

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1	ORDER APPOINTING THE BOARD
2	APPUCA TTON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOAR D
ADDJTIONAL EXHIBITS SUBMITIED AT TIME OF PERSONAL  APPEARANCE
TAPE RECOR DING OF PERSONAL APPEARANCE
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HEARING DATE	CASE NUMJIER

14 Feb 2006	FD-2005-00319
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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.

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

t•ROM:

SECRETARY  OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW  llOARD
1535 COMMAND DR, EE WING, 3RD f'LOOR ANDREWS AFll, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EFV2)	Previous edition will be used

AIR l<'ORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASF. NUMBER

FD-2005-00319	

GENERAL:   The applicant appeals for upgrade of discharge to honorable, 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 (DRB) but declined to exercise this right.

The attached brief contains available perti nent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge, change of reason and authority for discharge, and change of reenlistment code are 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.

ISSUES:

Issue 1. Applicant contends discharge should be upgraded because he wants to reenlist and has learned his lesson.  The records indicated the applicant received an Article 15 for misconduct.  The misconduct included stealing a bottle of Halcion pills, a Schedule IV controlled substance, from the United States Air Force, ingesting the llalcion pi lls, showing up incapacitated for the proper performance of his duties as a result of previous wrongful overindulgence in drngs, and soliciting the urinalysis monitor to commit the offenses of dereliction of duty and false official statement by requesting that he urinate into the applicant's specimen cup.  The Board discussed the Air Force pol icy on drug abuse.  The Board concluded the willful misconduct was a significant departure from conduct expected of all military members.  The characteri zation of the
discharge received by the applicant was found to be appropriate.

Issue 2.  The DRB was pleased to see that the applicant has established a good moral character, became a citizen of the United States, raised a family and is a good citizen. However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of 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 fol I 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