AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

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TYPE   GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
.c<llJNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
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MEMBER SITTING

VOTE OF THE BOARD
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HON	GEN	UOTHC	OTHER	DEN Y

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ISSUES	A94.53	INDEX NUMBER	A66.00	•   ·EXHIBITS SUBMITTED Tp THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSON NEL FI LE COUNSEL'S  RELEASE  TO THE  BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

01 Dec 2006	FD-2006-00180
APPLIC,.\NT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATIACHED AIR fORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE

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 appl ication to the AFBCMR

Names and votes will be made available to the applicant at the applicant's req uest.

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•-- - - - - - - - - - - - - - - - - - - - - - - - - - - - -c "&.- -- - - - - - - - - - - - - - - - - - - - - - - J - - - - - - - "G' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -·'
.   "'	INDORSEMENT	.	DATE: 12/12/2006
TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW  BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JRD FLOOR
RANDOLPH  AFB,  TX 78150-4742	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-2006-00180	

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:

Issue 1. Applicant admits he made a mistake while in the Air Force.  The records indicated the applicant had a Special Court Martial in which he was found guilty of using cocaine on divers occasions.  He was  sentenced by a military judge and was punished with a reduction in grade to Airman Basic, forfeited pay for six months and was placed in military confinement for six months.  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.

Issue 2.  The ORB was pleased to see that the applicant was doing well, has a good job and continuing his education.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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