AIR FORCE DISCHARGE  REVIEW BOARD HEARI NG RECORD
NAME OF SERVICE MEMB:R (LAST, FIRST M IDDLE INITIAL)	GRAm:	AFSN/SSAN

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TYPE  GEN

PERSONAL  APPEARANCE	x	RECORD  REVIEW

l'"'-  tJ()U ,L YES	No
x

-i NAME OF COUNSEL AND OR OllGANIZATION

ADDRESS AND OR ORGANIZATION 01' COUNSEL

MEMBER SITTING

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GEN

UOTHC

OTHER

DENY

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SSUES

AOJ.13
AOI.43

IN!WX NUMBER

A66.00

1	ORDER APPOINTING THE HOARD

X*+

2	APPLICATION FOR R EVIEW OF DISCHARGE
3	LETTER Or NOT! f lCATION
4	BRIEF OF PERSONNEL FI LE COUNSEL'S RELEASE TO Tl IE BOARD
ADDITIONAL EXlllBITS 'UBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE /IE

HEARING DAW	CASE NUMBER

24 Jul 2007	FD-2006-00208

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 will be made available to the applicant at the appl icant's request.
* Reason and Authority
+ Reenlistment Code

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SAF/MRHR
550 C STREP.'\' WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY OF THE A/I< HJRCE PERSONNEL COUNCIL AIR FORC£ DISCHARGE REVIEW BOARll
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-71102

AFHQ J<'ORM 0-2077, JAN 00	(EF-V2)	Previous  edition  will  be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00208	

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 requested a personal appearance before  the Discharge Review Board (DRB) and was scheduled for an appearance on 24 Jul 2007 at Andrews AFB but he did not keep the appointment or call to reschedule.  Therefore, his request was reviewed based upon the record and his submission.

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:

Applicant contends there was an impropriety in his discharge because he was innocent of the offense for which he was being discharged.  The records indicated the applicant received an Article 15 for wrongful use of marijuana.  The applicant contends that he was in a room where "inappropriate behavior was on display," presumably meaning that other people were smoking marijuana.  He states that he was "immediately" submitted for a urinalysis which revealed negative results for the metabolite of marijuana.  He states he was subjected to several random drug screens which were all negative for illegal substances.  He states he knows it was wrong to be in a room where this activity was occurring but denies taking part in it.  While the discharge documents in this case are missing, the DRB used the presumption ofregularity in determining that the applicant's chain of command had a solid basis for going forward with this discharge.  The DRB noted that the applicant chose to accept the offered Article 15 for marijuana use, rather than requesting trial
by court-martial, and did not choose to appeal the Article 15 at the time it was given.  The characterization of the discharge received by the applicant was fotmd 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