AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAM E OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
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TYPE  GEN	II	PERSONAL  APPEARANCE	x	I	RECORD REVI EW
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ISSU:s	A94.53	INDEX NUMBER	A67.90	EXIUBITS SUBMITTED TO THE BOARD
A92.35	1	ORDER APPOINTING THE BOAR D
2	APPLICATION   FOR  REVIEW  OF DISCllARGE
3	LETTER  or NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL  EXH IBITS SUBMITTED AT TIME or
PERSONAL APPEARANCE
TAPE RECORDING  OF PERSONAL  APPEARANCE

HEARING DATE	CASE NUMBER

25 May 2006	FD-2005-00372
APPLICANT'S ISSIJJ;!,AND THE.BOAlW'S D!lClSIONAL RATIONAL AljE DISCUSSED ON THE ATf ACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
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Case heard at Washi ngton, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel , and the right to submit an application to the AFBCM R

Names  and  votes wi l l  be made available to the applicant at the applicant's req uest.

*Reason and Authority

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(	----	lDORSEMENT	'f1ATE: (5LUf7_006

SAF/MRBR

S£CRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR F(JRCI: DISCHARGI: Rt:vrnw BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, 1:1: WING, 3RD FLOOR
RANDOLPH  AFB, TX 78150-4742	ANDREWS AFB. MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00372	

GENERAL:	The appl ica nt appeals for upgrade of discharge to honorable and to change t he reason alld
au thori t y for the discharge.

The appl icant was offered a personal appearance before the Discharge Review Board (ORB) hu t decl i ned lo
exercise t his right.

The attached brief contains available perti nent data on the applicant and the factors lead ing to the d ischarge.

FINLHNGS: U pgrade of d ischarge and change of reason and authorit y for d ischarge arc denied.

The Boa rd  finds that nei t her the evidence of record nor that provided  by the appl ican t substa n tiates an i neq u i t y or impropriet y t hat would justif y a change of discharge.
ISSU E:  Appl icant received a General discharge	Cond uct Prejud icial to Good Order and Discipl i ne Applica n t contends discharge was based on isolated incidents in twen ty eight months of service, t he
d ischa rge was i m proper because his admittance of prior service use of marijuana was used i n dctcnn inat ion
of h is discha rge, he was pu nished eight mont hs after the last investigat ion was complete and t he Art icl e 15 for u nde rage d rink i ng was two years old, and the Article 15 given Lo him i n August 2005 was u njust beca use of personal d islike of applicant by his commander, t he fact t hat he pied not guilly to charges w hich he
bel ieved had insufficient proof, and he was subseq uently pu nished and involuntarily discharged with no
rega rd given to his appeal. The records indicated that over a 16 mont h period, applicant received two Art icle l 5s and four Reco rds of I ndivid ual Counseling for miscond uct to include u nderage d ri nking, u nl awfu l l y
en teri ng l he Base Student Activity Center, two instances of tard iness, needi ng a haircu t, fail i ng to prope rl y check in for PT, maki ng a false official statement to AFOSJ investigators, and wrongfull y conceal i ng
ev idence and assist ing a fellow airman to desert the Air Force. The ORB opined t hat t hrough these
adm i n ist rati ve actions, the applicant had ample opportu ni ties to change his negative behavior. The ORB fou nd no evidence in applicant's records that there was any meri t to his claim that h is commande r d i sl i ked
hi m or that h is adm ittance of prior service use of marijua na was used as a basis for his involu nta ry discha rge; i n fact , t he Discharge Notification Memora ndum furn ished member by his comma nder cited only t he
m iscond uct noted above as reasons for ini tiating discharge act ion. Mcmhcr"s al legations t hat he was
i n vol u nta ri l y discharged with no regard given to his appeal are wit hou t meri t as a review of his records
i nd icates t hat four days after being notified that he was bei ng recommended for discharge, member signed a docu me n t stat i ng that he had consulted legal counsel and was waiv i ng hi s righ t to subm i t statements in his behal f.  Li kewise, member's statement that he was pu nished eight mon ths after the l ast invest igat ion, and t he Art icle 15 for u nderage drinking was two years old, are without merit, as is his cl aim t hat he pied gu ilt y lo charges which he bel ieved had i nsufficient proof in that he accepted non-judicial pu n ishment vice a courl­ mart ial and d id not appeal the non-jud icial pu nishment. The Board concluded the miscond uct was a
significant depa rture from conduct expected of all military mem bers. The characterization of the discharge received by t he applican t was found to be appropriate.

CONCLUSIONS: The Discharge Review Board concl udes t hat the d i scharge was consistent w it h the proced u ral and substa nt ive req u irements of the discharge regulation and was wi thi n the d iscretion or t he discha rge aut hori ty and t hat the applicant was provided fu ll administrative due process.	

I n v iew of t he foregoing findings the Board further concludes t hat there exists no legal or eq u i table basis for u pgrade of discharge, t hus t he appl icant's discharge should not be changed.

Attachme nt: Exami ner's Brief