AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FJRST MIDDLE I N ITIAL)	GRADE	AFSN/SSAN

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SSGT

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TYPE GEN

I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW

::::::> ' '\,' VlJNSEL ·Ji: NAME OF COUNSEL AND OR ORGANIZATION YES	No
NO

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING
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!ION

GEN

UOTHC	OTHER

DENY
x

x

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ISSUES

A01.57

x x x
INDEX NUMBER	A94.07

A94.05	I	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR R EVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL PILE COUNSEL'S RELEASE TO TllE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMllER

05 Jul 2006	FD-2005-00340
'       RATION'AL A""	.,             '"')l'U: ATTACHED AIR.	... .. . . ·.··,···· ..· '
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.

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TO:

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

Sli:CRF.TARY OF TllE AIR FORCE  PERSONNEL COUNCIL AIR FORCE DISCHARGE REVU:W  BOARD
13 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFll, 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-2005-00340	

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:

Issue 1. Applicant contends discharge was inequitable because it was too harsh and based on one isolated incident after 15 years of service.  Applicant received an administrative discharge in lieu of trial by court martial due to a positive testing for marijuana usage.  Applicant contends the Testing Lab had been contaminated by members of its own staff falsifying test results, thereby resulting in an incorrect urinalysis on his test.  The DD Form 293, Application.for the Review of Discharge from  the Armed Forces qf the United States, submitted by the applicant did not provide documentation or evidence to substantiate this contention.  The records indicated applicant signed a statement requesting to be discharged in lieu of court martial and understood the elements of the offense he was being charged.  He had an opportunity to review the litigation package and the referred Charge Sheet.  After consulting with his Area Defense Counsel, applicant accepted the administrative discharge.  The DRB opined that through these administrative actions,
the applicant had ample opportunities to change his negative behavior.  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.

Issue 2.  Although not explicitly stated, the applicant suggests that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation  and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.
The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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