AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLEIN TIAL)
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GRADE

AB

AFSN/SSAN
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TYPE GEN

PERSONA L APPEARANCE
I

x	I	RECORD    REVIEW

1- cou..N. sE=L=='i NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

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BOA_RD--- ----

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1	HON	GEN	UOTHC	OTHER	DEN Y
x x x x
x

ISSUES

A94.53 A92.21

INDEX NUMBER

A66.00	> ...·	EXHIBITS  SUBMI][EDTOTHExBOARU
1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSOJ'.<'NEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	C\SE NUMBER

10 Ma r 2006	FD-2005-00327
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAi.. RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RAT!ONALE
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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 req uest.

1!£-=-o·=   ..---	-__d	L: : :----- Lo-.o<>OA'" @'-''--=-- ;,..3./3_1,_/2_0_06_	1
TO:	I   FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST,  SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH  AFB, TX 78150-4742	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-2005-00327	

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 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:

The record indicated the applicant received an Article 15 for misconduct.  The Article 15 was administered for wrongful use of a controlled substance; mushrooms containing psilocin, a Schedule I controlled substance.  As a result, applicant was reduced to airman basic and received a reprimand.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge received by the applicant was found to be appropriate.

The DRB was pleased to see that the applicant was doing well. 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 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