AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE   UOTH	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL

YES	No
x

•>•    NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL

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VOTE OF'.l'HE BOARD

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MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
-----------------------------------	X*

X* X* X*
X*

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ISSUES

A94.07

INDEX NUMBER

A74.00

·· ······••········· ·    · ;';'.:J£X.HIBIT f;!l\Jil'!:l::JD TO lf!J'l>l\OARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

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HEARING DATE	CASE NUMBER

22 Aug 2006	FD-2005-00365
Al'PLICAN1"S IS$1JE AND THE BOARD'S DECISlClNAL Rl\'TIONAL ARE DISCl,JSSED ON THE ATTACHED AIR J!Qll.CE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 right to submit an application to the AFBCMR

Names and votes will be made available to the applicant at the applicant's request.

*Reason and Authority

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INDORSEMENT	DA.TE: 8/2412006
TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR  FORCE  PERSONNEL  COUNCIL	I
AIR FORCE  DISCHARGE REVIEW 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-2005-00365	

GENERAL:  The applicant appeals for upgrade of discharge to general and to change the reason and authority for the discharge.

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 and change of reason and authority for discharge 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:

Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh.  He contends that if he had taken his case to court, he would have been found innocent and received a general discharge.  The records indicated his commander preferred one charge with one specification of wrongful distribution of ecstasy against the applicant.  The applicant submitted a request for discharge in lieu of trial by court martial.  The records indicated the applicant was fully aware of the consequences of his request for discharge and the actions that would be taken by his commander.  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