AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
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TYPE GEN	x	I	PERSONAL  APPEARANCE	I	RECORD  REVIEW
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ISSUl:S	A92.01	INDEX NUMBER	A67.70	i$1*fr :	S,,iP,  \--t!-THE B<YXRD
1	ORDER APPOINTING THE BOARD

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A92.03
A94.05	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTTFICA TION
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

29 Jun 2006	FD-2005-00349
APPLICANT'S ISSUE AND TilB BOAIU>'\ii   w•RA'llQIJ   -rl:ll_ll/i!l   -ON,lJD" ATTACl:lED AIR li?ac:E OISCHAR,  w B? DECISIONAL RATlONAUr	'!
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.

*Change RE Code
+ Change Reason and Authority

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TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR l"ORCI: DISCHARGI: Rl:Vll:W BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, JRD 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-2005-00349	

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change reason and authority and to change reenlistment code.

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Andrews AFB on 29 Jun 2006.

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's  Contentions
Exhibit #6: Letter from applicant to board
Exhibit #7: Character J etter from former military supervisor, Mr. C::J
Exhibit #8: 11 - Certificates of Completion
Exhibit #9: Applicant's resume
Exhibit #10:  Three college transcripts (Colorado Mountain College, Oklahoma State University and Tulsa Community College)
Exhibit #11:  OSI investigation report

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

FINDINGS:	Upgrade  of discharge,  change of reason  and authority and change of reenl istment  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.

ISSUE:  Applicant received a General discharge for Misconduct -- Drug Abuse

Issue 1. Applicant states 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; he received three EPRs with overall 4 ratings.  Applicant also received awards and decorations and other accomplishments.  However, found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.   The applicant knew the AF policy and standard regarding the use and possession of illegal substances.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

Issue 2.  Applicant states that he has been a good citizen since his discharge.  The board 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.

Issue 3.  Applicant contends discharge was inequitable because it was too harsh.  The records show that the member received a special court martial for wrongful use of LSD and marijuana on two occasions.  The board concluded the misconduct was a significant departure from conduct expected of all military members and found no inequity or impropriety in his discharge.  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