AIR FORCE DISCHARGE REVIEW  BOARD HEARING RECORD

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GRADE

TYPE GEN

AB
I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW

,		f.=fJ.J.i,,N";'-'"··"µ"·_'-	, NAME OF COUNSEL AND OR ORGANIZATION YES		No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

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--i

MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
x x

ISSUES

A94.05

INDEX NUMBER

A66.00

x
x x

l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICA TJON
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

10 Jan 2006	FD-2005-00335
· ···11
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

Name<> and votes will b made available to the annlicant at the annlicant's reouest.

TO:	· 1  FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40

SECRETARY  OF THE AIR FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742

I	ANDREWS AFB, MD 20762-7002

I

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

	
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00335		
	
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 contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article  15 for wrongfully using marijuana.   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.

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