AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBF'.R (LAST, FIRST MIDDLE INITIAL)	GRADE
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PERSONAL  APPEARANCE	x	RECORD  REVIEW

NAME OF COl!NSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

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MEMBER SITTING
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UOTHC

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ISSUES

A01.43 AOI.07 AOl.29

INDEX NUMBER

A66.00

 	.EXllIBl'.fS 	
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCI IARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOAR D
ADDITIONA L EXHIBITS SUBMITf FD AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE IIE

HEARING DATE	CASE NUMBER

25 Jan 2007
APPLICANT'S ISSUE AND THE..BOARo·s

FD-2005-00353

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the ri ght to subm it an appl ication to the AFBCMR

Names and votes wi l l be made available to the appl icant at the applicant's request.

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TO•

SAF/MR13R
550 C STREET WEST, SUITE 40
RANDOLPH A ffl, TX 78150-4742

FROM•

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD

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1535 COMMANU DR, F.E WING, JRD FLOOR ANDR£WS A Fil, MD 20762-7002

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AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous ed ition wi l l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2005-00353	

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 received an Under Other Than Honorable Conditions discharge for Misconduct - Drug Abuse. Applicant contends his discharge was improper because there was a failure by the discharge authority to properly review his record prior to separation; there was a mistake by the discharge authority in determining his length of service; and the erroneous ingestion of medication which led to a positive reading for methamphetamine.   After a detailed review of the records, the Board opined that applicant's contentions were without merit.  The Board further 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