AIR FORCE DISCHARG E REVIEW BOARD HEARING  RECORD
NAME  OF S•:RVICE  MEMBER (LAST, FIRST  M IODLE INITIAL)	GRADE	AFSN/SSAN

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TYPE   GEN	I	PERSONAL APPEARAN CE	x	I	RECORD  REVIEW
CQUNJll,l:ic<; ·  NAME Ot' COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
\'ES	No
x
VOTE OF THE BOARD
MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
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ISSll!CS	A92.35	INDEX NUMBER	A66.00	EXHIBITS SUBMITTED T-0 T}J' BOARD
A94.05	1	ORDER  APPOINTING  THE  BOARD
2	APPLICATION  FOR REVI EW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FI LE COUNSEL'S RELEASE TO Tl lF HOARO
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE IIE

HEARING  DATE	CASE NUMBER

13 Mar 2007	FD-2006-00226
APPLiqAN'r'S J$$Ull AND THE llOARD'S DECISIONAL M'rlONAL ARll DlilCU$$J!D ON 'rlill A1TACHl':b All( !'ORCE DISCHAROE REVIEW BOARD DECl$10NAL M'rlONAl,;l!

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 application to the A FBCMR.

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

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·; 1/2007

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ro:	FROM:
SAF/MRBR	%CR>:'r/\RY	TH :AIR FORO: P>:l<SONNEL COllNCIL
AIR FORCE DISCHARGE REVIEW 80AR!l
550 C STREET WEST,  SUITE 40	1535 COMMAND DR, EiC WING, JRD FLOOR
RANDOLPH AFB, TX 781 50-4742	ANl)Kli:WS AFH, MD Zll76Z-7(Kl2

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NlJMRf: R

FD-2006-00226	

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 di scharge.

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:

Applicant contends discharge was inequitable because it was too harsh and based on one isolated incident. 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 and 30 days of extra duty.  The Board concluded the applicant's 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.

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