AIR FORCE DISCHA RG E REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE  I N ITIAL)
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GRADE

AB

AFSN/SSAN
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TYPE   GEN	x	I

PERSONAL  APPEARANCE

I	RECORD  REVIEW

CQUNSl!;L
1-

--1 NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

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YES	No
x

·...·

VOTE OF THE BOARD

MEMBER SITTING

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HON	GEN	UOTHC

OTHER	DENY
x

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ISSUES

A93.23 A94.05 A00.29 A93.09

INDEX NUMBER

A66.00

..·	EXHIBITS  SUBMITTED TO THE  BOARD
ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

07 Nov 2006	FD-2006-00169
AP!!:LlCANT'SJSSl/EAND THE BOARD'S DEClSl()\'<fACJiATIONAL ARE DISCUSSED ON THE An'ACl!l)I)A!R FORCE DISCHARGE REVl!lW i!OARD l>ECISIONAI, RATIONALE
.· ..·	. . .    . '•·	.	.	·.·•······
Case heard in Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

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

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TO:

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

INDORSEMENT	DATE:  11/1012006

I

FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762- 7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00169	

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Andrews AFB on 07 Nov 2006.

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's statement
Exhibit #6: 2 Drug Tests completed on 8 Apr 05 and 11 Jul 06
Exhibit #7: 5 Character Reference Letters
Exhibit #8: EPR dated 15 Jul 03
Exhibit #9: 3 College Transcripts

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 based on the difficulties in his life that led to his misconduct (i.e., Adjustment Disorder with Depressed Mood, work
stressors/supervisor discrimination, marriage difficulties, and financial problems).  The records indicated the applicant received an Article 15 for wrongfully using marijuana on divers occasions between o/a 23 Mar 04 and o/a 1 Jun 04, two Letters of Reprimand for failing to attend two separate M-16 trainings, and two Letters of Counseling for failing to maintain his Consolidated Tool Kit and failing to bring his PT gear to work, as ordered.  The Board concluded that although the LORs and LOCs were for relatively minor misconduct, the use of marijuana was a significant departure from conduct expected of all military members.  As such, although the member may have been experiencing a lot of stressors in his life at the time, the DRB opined that drug abuse cannot be tolerated under any circumstances and the previous characterization of the discharge (General) 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 for the OSI while in the service. The DRB took note of the applicant's work with the OSI as an informant, however, they found the seriousness of the willful misconduct and the divers use of marijuana (documented by the levels of THC in his system found in both tests) 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 3.  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) 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 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