AI R FORCE DISCHARG E REVIEW BOARD HEARING RECORD

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

AIC	t _ _ _ _ _ _ _ _ _ _ _ _ :

----------------- .	-------------·
----------------- :	..
PERSONAL APPEARANCE	x	I

TYPE

GEN	I

RECORD REVIEW

,;_,       ,COUNL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
x
VOTE OF THE BOARD	 	

MEMBER SITTING

···'"'  .      ' "" '·'····'···-	'·-"·'"
HON	GEN	lJOTHC	OTHER	DENY
·..-----------------------------	X*+
.

..
...
...
...

-----------------------------

X*+ X* + X*+

ISSUES	A92.35	INDEX NUMBER	A66.00	EXHIBITS SUBMITTED TO THE BOARD ..
A94.05	1	ORDER APPOINTING  TH E BOARD
2	APPLICATION  FOR R EVIEW OF UISCHARGE
3	LETTER or NOTI FICATION
4	BRIEi' or PERSONN EL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXIIIRITS SUBMITTED A"I TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE l lE

HEARING DATE	CASE NUMBER

06 Feb 2007	FD-2006-00290
Al'l'L1CANt'S lSStJI! ANO THE aoARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THI! A1TACHED AIR FOl\CE !)lSCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 A FBCMR

Names and votes will be made available to the applicant at the appl icant's req uest.

* Reason and Authority
+ Reenlistment Code
,_ _ _ _ _:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
....

I

I.

_ _ _ _ _ _ _ _ _ _.-::._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

I
I

DATE: 21812007

--------------------------------------------------------------	------------------------------------
INDORSEMENT
TO:	FROM:

SAF/MRBR

SECRETARY OF THE AIR FORCI:; pf:RSONNEL COUNCIL
AIR FORCE DISCllARGE REVIEW BOAR fl
550 C STREET WEST,  SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH  AFB, TX 781 50-4742	ANDIU:WS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00290	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

The attached brief contains avai lable pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge, change ofreason 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:

Issue 1 .  Applicant contends discharge was inequitable because it was too harsh and based on one isolated incident in 47 months of service.  The records indicated the applicant received an Article 15 for wrongful use of Percocet, a Schedule II controlled substance.  The Board concluded the 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.

Issue 2.  The applicant stated he was told his discharge would automatically be upgraded in six months. While a discharge may be upgraded after six months, the upgrade is by no means automatic.  A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge.  In this case, none was found, so the Board denied the appeal.

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 ful I 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