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

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I TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL      . .     NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL
YES	No
x

..	.···           · ···· " ····    VIQ'l'E OFTIJE BOA

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MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
--------------------------------	x

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x
r>
x
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x
n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _r----	x
ISSUES	A94.05	INDEX NUMBER	A66.00	"·   ····· EXHIBITS SUBl\flT!J.!ED TO J'HE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

15 Mar 2007	FD-2006-00446
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATCONAL ARE DISCUSSED ON THE AliACHED AIR FORCE DlSCHARGEREVIBW 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 application to the AFBCMR.

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

1

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INDORSEMENT	DATE: 3!1612007
TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE  REVIEW BOARD
550 C STREET WEST,  SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 781 50-4742	ANDREWS AFB, MD 20762- 7002	_J
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00446	

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 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: The applicant contends his discharge was inequitable because  it  was  too  harsh.  The  records indicated the applicant received an Article 15 for misconduct. The misconduct included wrongfully possessing a Schedule II controlled substance, Percocet. 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.

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