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

1• • • • • • • • • • • • • • • • • • • • • • • •••I
'	'	AB

1• • • • • • • • • • • • • ••I

''	''

''	''

x

---------------------------	'	'
TYPE   GEN	I	PERSONAL  APPEARANCE	I	RECORD  REVIEW
.OUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
x

,·   '' ';"(v ; , 'l

:..,::	·;;:.:VOTE OFTHEBOAIID  .;til!:l;·

·. {

MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY

.

'----------------------------------------'.	x
'	'
'.	'.	x
r--:	'

'
r--:

'.'

'	'.

'.

'.	'	x
e-:	'.

'	'.

x

'.	'	X*

.

r--:
'

'. '
--------------------------------------!

ISSUES

A94.05

INDEX NUMBER

A66.00	·>.·:;; • : E•.XIIlBIT.S SUBMfITED TO THE BOARD.

A94.29	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
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

20 Apr 2006	FD-2005-00438
APPLiq &: Sp;Fi;\Np THE BOARD'SDECIS19N RATIONAL ARE DISCUSSED !;>N T/ffi ATTACHED AIR JiORCp Pl&t;;l:IJ\RGE IIJ!VIEW BOAllJ) DECISIONAL RAJ,lONAJE •.··
Case heard at Washington, D.C.

Advise applicant of the decision of the Board 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.

x = Board denies uwade, change rea'fn and authority and change of RE code (* change RE code)
,,,.-	) 11	J	/
'.C.<1. '!.4l.J!.i!f<.QI!	Ji:i_f _V. _ ..<._ - _L   - - - - - - - ./../  - - - - - - - - - - - - - - - _ lSQI! WNlJ>J!W.SJQ.t;l:IL. _ - f_ - ../_ - - - - _4_ - - - - - •

''

''' '
-- - •• ,•••• .-O•: O -- O OO O -- O OO O -- '0 O """.t'.'"iNii6R8E'M:ENT' •.•O -- • OO O --•,»•c·----.-- - ••- --;-- -- - - -- -- O -- ·,'","i>'Aiil!"41ib12006 ,;);';?{;',	>F}''  • /  ::c ._;
·.'... "'.·,.,_	•	•	'   •	<'	.,   ,	;_  , '!""'* ;,·1    ,_,,._,,	'. ,	..

TO:	FROM:
SAF/MRBR	SECRETARY OF TIIE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, 3RD 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-2005-00438	

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Andrews AFB on 20 Apilr 2006.

The following additional exhibits were submitted at the hearing: Exhibit #5: AFOSI 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   for  discharge,   and  change  of reenlistment  code 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.  The applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant had committed drug abuse as defined by the applicable Air Force Regulation and had also received an Article  15, two Letters of Reprimand, one Letter of Counseling, and five AETC Forms 341 for misconduct.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  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 under the circumstances.

Issue 2. The applicant stated that he only possessed, but did not use, the anabolic steroid found in his room. According to the applicant, he quit using the substance when it became illegal and put it away and forgot about it until it was discovered. Unfortunately for the applicant, even if what he says is the truth, the Air Force Instruction on administrative discharges, AFI 36-3208, paragraph 5.54, states that "drug abuse ... is the illegal, wrongful, or improper use, [or] possession ... of any drug...  The term drug includes ... anabolic/androgenic steroids." Therefore, although the DRB was sympathetic to his situation, the ORB was unable to conclude that an inequity or impropriety had occurred in his case which would allow the DRB to upgrade his discharge. The DRB favorably noticed his remorse for his actions, his burning desire to resume service in the military and his acceptance of responsibility for his errors and unanimously assessed the applicant as a potentially suitable candidate for re-enlistment but has no power to grant clemency.

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