AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, flRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE GEN	I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW

•••••	.•...        <    NAME OF COUNSEL AND OR ORGANIZATION
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YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

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MEMBER SITTING

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DENY

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ISSUES	A92.35
A94.05

INDEX NUMBER
A66.00

ORDER APPOINTING TllE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTll'ICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADOITIUNAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE R ECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NlJMBFR

13 Mar 2007	FD-2006-00185

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Case heard in Washington, 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.

* Reason and Authority
+ Reenl istment Code

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

SECRETARY  OF TllE All< fORCE PERSONN;L COUNCIL AIR ·ORCE DISCHARGE REVIEW BOARD
l'Uo COMMAND DR. EE WING, JRIJ FLOOR ANllREWS AFB, Mii Z0762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE	CASE NUMBER

FD-2006-00185	

GENERAL:	The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and authority for the discharge, and to change the reenlistment code.

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,   change  of  reason  and  authority   for  discharge,  and  change  of reenlistment code are 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:

Appl icant contends discharge was inequitable because it was too harsh and based on one isolated incident in 46 months of service.  The records indicated the applicant received an Article 15 for misconduct.	The Article 15 was for wrongful use of marijuana.  He was punished with a reduction in grade to Airman First Class and a suspended forfeiture of pay.  The Board concluded the applicant's misconduct was a significant departure from conduct expected of all mil itary 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