AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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I	PERSONAL  APPEARANCE	x

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I	RECORD  REVIEW

ll!:!:! NlfL	NAME OF COUNSEL  AND OR ORGANIZATION	I  AIJllRICSS AND OR ORGANIZATION OF COUNSEL
YES	No
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MEMBER  SITTING	HON	GEN
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UOTHC	OTIJFR	DENY
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x

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x
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x
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ISSUES

A94.05

INDEX NUMBER

A94.07

.1.1\•• ••••li•l•ililililill•l•I  n•••.,••., SUBMl'JillEl>l:::1pE	iRD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		HRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBM ITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECOR DI NG OF PERSONAL APPEA RANCE HE

::;••::::i::

HEARING DATE	CASE NllMBBR

29 Mar 2007	FD-2006-00413

KAI		ARD	
·.·•·	I>••······· ·	•   ·········••l•l•l•••iI<i ii ······	

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Case heard in Washi ngton, D.C.

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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 wi ll be made available to the applicant at the applicant's request.

.

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TO,	FROMo
SA F/MRBR	SECRETARY  OF l11E AIR FORCE  PERSONNEL  COUNCIL
AIR FORCIC DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR

_J

RANDOLPH AFB, TX 78150-4742	ANDRICWS AFB, MD 2076i-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00413	

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 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 discharge.

ISSUE:

Applicant contends discharge was inequitable because it was too harsh and based on one isolated incident in 35 months of service.  The records indicated the applicant requested discharge in lieu of trial by court
martial.  The applicant was discharged for misconduct due to wrongful distribution of a controlled substance, Percocet.  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