AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER  (LAST, FI RST MIDDLE INITIAL)
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G RADE

SRA

AFSN/SSAN
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TYPE UOTH

I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW

YES	No
x

NAMl: OF COUNSl:L AND OR ORGANIZATION

ADDRESS AND OR OllGANIZA TION OF COUNSl:L

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MEMBER  SITTING	HON
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GEN	UOTHC

OTIIER	DENY
x

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A94.07	·.	rn rnn.IS Sl\li:DiiliirrEIIll'() TU B9" 1JJ

ISSUES

A93.23

INllEX NUMBlill

l	OR

DER APPOINTING TH E 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

Ht:ARING DATE	CASli  N\IMBER

10 Aug 2006	FD-2005-00466

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Case heard in 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 appl ication to the AFBCMR

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

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TO:

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FROM:

SAF/MRBR	Sl:CllETARY OF THE Alll FURCI': PERSONNEL COUNCIL

40

550 C STR E..ET WEST, S'LJITE·	AIR FORCE DISCllARGE  REVIEW  BOAllD
-	1535 COMMAND Dll, U: WING, lRD FLOOR
RANDOLPH AFB, TX 78150-4742
ANDREWS AFB, M» 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00466	

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 avai lable 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:

Applicant contends his discharge was inequitable because he has a mental disorder which was undiagnosed while he was on active duty but subsequently diagnosed after his discharge.  He further contends his inappropriate behavior was a result of his undiagnosed mental disorder.	The records indicated the applicant requested discharge in lieu of Court Martial.  The applicant tested positive for marijuana use during a
random urinalysis drug test. The DRB opined that although applicant contends he has a mental disorder and the lack of documentation provided in his application, it did not impair his ability to know right from wrong or ability to choose the right. 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 substanti ve 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 conclud es 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