AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST M IDDLE I NITIAL)	GRADE

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TYPE  GEN

x	I	PERSONAL        APPEARANCE	I	RECORD      REVIEW

YES	No
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NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANll,ATION OF COllNSEL

VOTE .,,.

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ISSllF:S

A93.01 A94.55

INDEX NllMDER

A94.39

ORDER APPOINTING THE BOAR D

A57.03	2
3

APPLICATION FOR REVIEW or DISCI IARGE
LETTER OF NOTI FICATION

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONA L EXH I BITS SUBMITTED Al TI M F OF
PERSONAL APPEARANCE

TAPE R ECORDTNG OF PERSONAL APPEARANCE HE

llEARING  DATE	CAS>; NllMHF.R

24 Apr 2007

FD-2006-00406
"" D!l!#$10NAL RATIONAi. ARE DISCUSSED ON THE ATl'ACHEIJ AIR FORCE DISC'llAROE REVIEW B(lAflfl,D.(;ISIONAL RATIONAl,E

Case heard  in  Wash i ngton, D.C.

Advise appl icant of the decision of the Board and the right to submit an appl ication to the A FBCMR. Names and votes wi l l  be made avai lable to the appl icant at the applicant's req uest.

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1Nfl€!B:S::&MENT	.

> < •.···	DATE:  511112007

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SAF/MRBR
550 C STREET WFST. SUITE 40
RANDOLPH AFB. TX 781 50-4742

t"ROM:

SEC!lKrARY  OF THE AIR  FORCE  PERSONNEL  l'OllNCJ I. AIR  FORCE  IJISCHAHG: Rf:v1EW  BOARD
1535 COMMANJl ilH, EE WI NG, JRD FLOOR
ANllRF.WS  AFB,  MD 20762-7002	I

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

CASt NUMBER

FD-2006-00406

AIR FORCE DISCHARGE REVIEW BOA RD DECISION AL RATIONA LE

GENERAL:  The applicant appeals for upgrade of d ischarge to honorable.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at And rews AFB on 24 Apr 2007.

The  following  add itional   exhibits  were  submitted   at  the  hearing: Exhibit #6: Letter from Mr. r_-_-_-_·:::::::::::: _ _ _ _ _ _ _ _ _
Exhi bit #7: Character letter from  -- --- -- ----- -- --- -- - jof Parki ng Management, Tnc. Exhi bit #8: HANDS Program Progress Report
Exhibit #9: American Legion Statement

The attached  brief contains ava i Iable pertinen t data on the appl icant and the factors leading to the d ischarge.

FINDINGS:  U pgrade of d ischarge is den ied.

The  Board  finds  that  neither  the  evidence  of record  nor  that  provided  by  the  appl icant  substantiates  an  i neq u ity  or impropriety  that would justify  a change of discharge.

Issue  I.  The appl icant contends that  his  discharge  was  ineq uitable  because  it was  an  isolated  incident.  The  records ind icated the applicant recei ved an Article  15 on  1 8 February  1992 for the wrongfu l  possession  and  use of marijuana on or about 22 January 1992. A search of the appl icant's  veh icle  and  his  dormitory  room  u ncovered  vegetable appearing matter that tested positive for  marijuana.  Add itionally,  the  appl icant  submitted  to  a  d rug urinalysis  screen which  confirmed  the  presence  of the  metabol ite  of marijuana  (tetrahydrocanna binol ) at a level  above  the  Department of Defense  cut-off  level  1Sng/ml.   While  experimental  use of mar ijuana could  be considered  a basis  for an upgrade  of d ischarge, based upon the appl icant's own testimony of illegal drug use before, d u ri ng, and after h is enlistment and the quantities d iscovered in his possession, the Board concluded that the appl icant's  use  of  marijuana  on  or  about  22 January  2007  was  not  experimental.    Add itionally,  the  Board  considered  the  possi bl e  existence  of  a  serious  mental d isorder, i.e., psychotic d isorder or depressive d isorder, as docu mented in the appl icant's post-service med ical records, which if present at the time he committed h is offense, cou ld have contributed to  his  poor judgment  to  use  drugs. However, the appl icant adm itted fraud u lent ly feign ing a menta l il lness for personal financial gain and never took h is prescri bed  med ications.

Issue 2.  The appl icant cited h is previous  immatu rity and renewed  desire to "serve correct ly and hel p [his] country" by re-entering mi litary service via the  US Army;  and to utilize h is experience with  "computing and  inventory  management."   He also stated that he  has "learned  from  [his] dysfunctional  l ife" and  needs to  l ive and  practice the core values that the Army wi l l  offer h i m.  However, wh i le the US Army may be wi l l ing to waive the appl icant's re­
enl istment code, the OR B determined that u pgrad ing the d ischarge in this case is inappropriate.

Issue 3.  The applicant also req uested consideration of clemency in h is case, citing the "stigma" he has suffered and the "dead-end jobs" resulting from h is d ischarge.  The ORB is not empowered to offer the applicant an u pgrade under the ru les of "clemency" for the General, under Honora ble Cond itions, service characterization he received.

CONCLUSIONS: The Discharge Review Board concluded that  the  applicant's  d ischarge  was  consistent  with  the proced ural and substantive req u irements or the d ischarge regu lation and was withi n the d iscretion of the  d ischarge authority and that the appl icant was provided  full ad m inistrative due process.

In view of the foregoi ng find ings, the Board fmiher concl udes that there exists no legal or equ itable basis for upgrade or d ischarge, thus the appl icant's d ischarge shou ld not be changed.

Attachment: Examiner's Brier