AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
.--------------------------------------------    .

.-A--F-S-N-/-S-S-A--N-- -

'	AIC	'

' ------------------------------------------- ·

"--------------

TYPE  GEN

I	PERSONA  L  APPEARANCE	x	I	RECORD    REVIEW

P NSEL	{  NAM!!: OF COUNSEL AND OR ORGANIZATION VES	Nu

ADDRESS ANV OR ORGANIZATION  OF COUNSEL

r---- -x- ------------------------1"" .•.,,.·•.•r. "i>'"\! "--,,--,,--::'-1::Q,,,,;.r:n.:,--J..t>'l"l"!':l"'"t'H. =•:E····==oA-:-c.R.... o::'.."·---,,-,,, .._,._ --I

MEMBER SITTING

'

'·'-------------------------------------------------­ '
--l

-:
''          --------------------------------------------------

!ION

GEN

UOTHC	OTHER

DENY
x x x x
x

ISSUES

A92.15 A92.01 A94.05

INDEX NUMBER

A67.70	JijL	EXH!gU!!	.,litU!l!JffllllllJE BOARD
1	ORDER APPOINTI NG THE BOARD
2	APPLICATION FOR REVIEW OF DISC! IARGE
3	LETTER OF NOTIFICA TlON
4	13RIEF OF PERSONN EL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUl:lM JTTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECOR DING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

28 Jul 2006	FD-2005-00398

Case heard in Washington, D.C.

. · ..•     .····

···························

,y ,..
... ···•··

I A      o•.
·•···	. .................. .

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an application to the A FBCMR

Names and votes will be made available to the applicant at the appl icant's req uest.

- ---.:iT...•.• <
TO:	FROM:
SAF/MR RR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SF.CRETARY OF THE AIR FORCE  Pi:RSONNEL COUNCIL AIR FORCE DISCHARGI: REVJ.EW BOARD
1535 COMMAND DR, EE WING, 3RD Fl,OOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00398	

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:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15 for wrongful use of marijuana.  The Board concluded the misconduct was a significant departure from conduct expected of all military mem bers.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2.  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 as documented by his performance reports, letters of recommendation and other accomplishments.   They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

Issue 4.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on
October 13, 2001) that he understood he must receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

CONCLUSIONS:   The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive req uirements 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