AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDOLE INITIAL)
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GRA llE	AFSN/SSAN

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TYPE GEN	PERSONAL  APPEARANCE
NAM!: OF COUNSEL AND OR ORGANIZA TJON

x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

x

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

x

x x x x

ISSUES

A94.05

INDEX NUMBER

A66.00

OR DER APPOINTING Tl IE BOARD
2	APPLICATION  FOR  REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMJ'JTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASF. NUMJIER

14 Sep 2006	FD-2005-00456

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 req uest.

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SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY OF THE AIR  FORCE  PERSONNEL  COUNCIL AIR FORCli: DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD Fl.OOR 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-2005-00456	

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:

Although not explicitly stated, the applicant contends his discharge was inequitable because it was too harsh. He states that he was told by command, verbally as well as in writing, that his overall service had been honorable with the exception of the drug abuse.  The records indicated the applicant received a DD Form
214 for his active duty (AGR tour) from June 8, 1990 through April 9, 2000.  In accordance with Air National Guard Instruction 36-3201, Air National Guard Separation Documents,  all members separated or discharged from the Air National Guard will be issued an NGB Form 22, Report of Separation/Discharge and Record of Service.   The NGB Form 22 is used to document "all" creditable service (to include active duty).   During his last term of service (3 years, 3 months, 4 days), the Arizona Air National Guard documented his character of service as general under honorable conditions with the authority and reason as drug abuse.  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