AIR FORCE DISCHARGE REVIEW BOARD HEARING R ECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

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GRADE	AFSN/SSAN
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TYPE   GEN	x	I

PERSONAL APPEARANCE

I	RECORD    REVIEW

COUNSli:I,	NAME OF COllNSEL AND OR ORGANIZATION l YE-s     ...   --No---I
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ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OF THE BOARD

MEMBER SITTING

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UOTHC	OTHER	DENY

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A93.11 A93.07 A94.05

INDEX NUMBER

A66.00

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD
2	APPLlCATlON FOR REVlEW OF DISCH ARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FJLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NIJMRER

17 Jul 2007	l<'D-2006-00272
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATIACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard in Washington, D.C.

Advise appl icant of the decision of the Board and the right to submi t an application to the AFBCMR Names and votes will be made available to the applicant at the applicant's request.

* CHANGE RE CODE
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHOR.I.TY

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

INDORSEMENT

FROM:

DATE:  7/18/2007

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762·7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00272	

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

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Andrews AFB on 17 Jul 2007.

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's  Contentions

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 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:

Issue l .  Applicant contends his discharge was inequitable because it was based on his past drug use. Applicant states he was honest about his previous drug use and served a total of 45 months without getting into any trou ble.  The record shows that the applicant had to obtain a moral waiver to enter the Air Force because when he had been arrested for possession of marijuana at the age of 16.   The record also indicates that the applicant received a Summary Court Martial (SCM) for wrongful use of marijuana.  The applicant pled guilty during the SCM and was found guilty.  He received a reduction in rank to Airman First Class (A 1C) and 20 days hard labor without confinement.

The applicant testified that at the time of the incident he was under a lot of pressure financially and was disgruntled with the Air Force.  He was on leave at the time and went drinking with some friends.  He had drank 7-8 beers and they were heading to drink some more.  A friend pulled out some marijuana; he resisted at first but gave in later, not really thinking of the consequences.  The applicant tested positive shortly after during a random urinalysis.  The record shows also that the applicant was an excellent performer as revealed in his performance reports which were fire-wall five rati ngs.  After a review of the record and the testimony of the applicant, the Board was not able to find any mitigating evidence to substantiate an inequity or impropriety.  The Board found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance and concluded that the characterization, reason and reenlistment code appropriate for the reasons which were the basis for this case.	

Issue 2.  The applicant contends that he was not credited for the time he served in support of Operation Enduring Freedom.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.  The Board will contact the Personnel Center at Randolph Air Force Base, Texas regarding the discrepancy of the applicant's foreign duty time.

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