AIR FORCE DISCHARGE REVIEW .BOARD HEARING RECORD

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TYPE   GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
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1 co_u..N._.sE_L- --1 NAME OF COUNSEi, AND OR ORGANIZATION
YES	No
x

MEMBER  SITTING

ADDRESS AND OR ORGANl7ATION OF COUNSH

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GEN	UOTHC	OTHER	DENY
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ISSUES

A57.03

INDEX NUMBER	A66.00

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I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEHER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIM E OF PERSONAL  APPEARANCE
TAPE R ECORDING OF PERSONAL APPEARANCE

HEARJNG DATE	CASE NUMBER

14 Feb 2006

FD-2005-00345

\!	12¥-):!'j.rnE BOARD'S DECISIONAL_·M i f	-!Jl§.S	D9"l·•:r"EATTACHED 'AUl·	.'	-l	p	Dr;.c1sw	eiilil!ll§.'t11t,f:i'.0;,:::::ff;   ' ----_.._,, ;.-,<­
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.

I	y

SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DJI, f,F. WIN(;, 3RD FLOOR ANDREWS AFB. MD 20762-70-02

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

AIR FORCE DISCHARGE R EV I EW BOARD DECISIONAL RATIONALE	CAS:NUMBER

FD-2005-00345	

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 inequi table because it was based on one isolated incident. The records indicated the applicant received an Article 15 and one Letter of Counseling for misconduct. The misconduct was for the use of marijuana on divers occasions. The Board  discussed the Air Force policy on drug use. 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 regul ation 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