AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

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

AFSN/SSAN

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SRA

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TYPE  GEN

PERSONAL  APPEARANCE

x	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS ANO OR ORGANIZATION OF COUNSEi..

MEMBER  SITTING	HON
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GEN

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UOTHC	OTHER

DENY
x x x x
x

ISSUES

A92.01 A92. 17

INDEX NUMBER

A66.00

1	0Rf1ER APPOINTING THE HOARD

A94.05

2	APPLICATION FOR REVIEW OF DISCHARGE

3	LETTER OF NOTIFICATION
4		HRIEF OF PERSONNEL FI LE COUNSEL'S RELEASE TO THE UOAR[)
ADDITIONAL EXHIBITS SUBMITTED AT TIME Of
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

30 Jan 2007	FD-2006-00200

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 wi l l  be made available to the appl icant at the appl icant's request.

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SAf/MRBR
550 C STREET WEST, SU ITE 40
RANDOLPI I A FB, TX 78150-4742

SECRETARY  OF THE AIR  FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
1535 COMMAND OR, EE WING, 3RO FLOOR
ANDREWS AFB, MD 20762·71MJZ

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00200	

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  that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an inequity or impropriety that woul d justify a change of discharge.

ISSUE:

Issue 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15 for misconduct.  The Article 15 was administered for wrongful use of marijuana.  As a result, applicant was reduced in grade to Senior Airman and required to perform 14 days of extra duty.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge received by the appl icant was found to be appropriate.

Issue 2.  Applicant states that h i s discharge did not take i nto account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation  and other accomplishments.  They found the seriousness of the willful misconduct 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.

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