AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAME OF SERVICE MEMBER (LAST, FIRST MTDDLE INITIAL)	GRADE	AFSN/SSAN

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SRA

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TYPE GEN	PERSONAL  APPEARANCE	x	RECORD  REVIEW
NAME OF COIJNSt:i, AND OR ORGANIZATION	AOllRESS AND OR ORGANIZATION  OF COllNSEL

MEMBER SITTING
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HON

GEN

UOTllC

OTHER

DENY

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ISSUES

A94.53

INDEX NUMBER

A66.00

ORDER APPOINTING THE BOARD

THE BOARD

2	APPLICATION FOR REVIEW Of DISCHARGE
3	LETTER Of NOTlfICA TION
4		BRIEF Of PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
A DDITl  NAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

BEARING DATE	CASt; NlTMBER

22 Sep 2006	FD-2006-00050

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 avai l able to the applicant at the appl icant's req uest.

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TO:	fROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY Ot' THE AIR FORCE PERSONNEL COUNCIL AIR t'ORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS At'B, 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-2006-00050	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated the applicant received two Article  15's and a Record of Individual Counseling for misconduct.  The Record of Individual Counseling was for failure to follow checklist procedures.  The first Article 15 was for wrongful use of marijuana.  He was punished with a reduction in grade to airman basic, forfeiture of pay and 14 days of extra duty.  The second Article 15 was for wrongful use of marijuana.  This incident resulted in forfeiture of pay and 14 days of extra duty.  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.

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