AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST M mou: I NITIAL)

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GRADI<:

SRA

AFSN/SSAN

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TYPE  GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

COllNS I.	NAM:OF COllNSti:L AND OR ORGANl:l;\TION
YES	I	No
I	x

ADDRESS ANI> OR OR<;ANIZATION Of<' COlJNS:J.

,	VOTE OF THE BOARD

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MEMBER SITTING

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HON	GEN

UOTHC

OTllER	DENY

x x x

SSUES

AOl.07

INDEX  NIJM111:1<

A66.00

x
x
£XH I BITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING TllE BOARD
2	APPLICATION FOR RFVIFW OF DISCllARGE
3	LETTER or NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S  RELEASE TO THE HOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING or PERSONAL APPEARANCE llE

Hl<:;\IUNG llATI£	CASE NllMBER

01 Mar 2007	FD-2006-00371
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE [)!SCUSSFD ON THF A'ITACHH> All< FORn: DISCHARGE ll.FVl&W BOARll DhCISIONAL 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 application to the A FBC M R

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

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INDORSEM ENT	DAT£; 3/5/2007

:v	r:	NEL

JO:	f<l{OM·
SAF/MRBR	-	YD:c1: i"	COUNCIL
550 c STREET WEST, SUITE 40	>035 COMMAN!l Ill<, E>: WING,31<1> >'LOOI<
RANDOLPll AFB, TX  781 50-4742	ANDREWS AFB. MD 20762-7002

A FHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONA LE	CASE NllM BER

FD-2006-00371	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 would justify a change of d i scharge.

ISSUE:

Applicant contends that the incidents pertaining to his discharge occurred three years prior to his discharge and two years prior to the investigation.  He also states that Article 43 of Uniform Code of Military J ustice states that a person charged with an offense is not liable to be punished under section 815 of that title (Article  15) if the offense was committed more that two years before imposition of punishment.  The record   indicates that through an Air Force Office of Special Investigation (AFOSI) investigation it was reveal ed  that the applicant did on divers occasion wrongfull y use marijuana.  The applicant himself admitted that he did use marijuana on two occasions and received a Letter of Repri mand.  The appl icant was discharged  under Air Force Instruction 36-3208, Administrative Separation of Airmen, paragraph 5.54, Drug Abuse, which states that "drug abuse is incompatible with military service and airmen who abuse drugs one or more times are subject to discharge for mi sconduct".  The Board concluded that the issue submitted by applicant did not have merit on his case and found 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 proced ural 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