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

...

VOTE OF THE BOARD
MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x
x x

ISSUES	A92.35	INDEX NUMBER	A66.00		EXtllJJfFSSIJ,BM:l'tl'JiJDT(]'.j\Q:t;}B 1  1  ORDER APPOINTING  THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3	LETfER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITfED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

30 Jun 2009	FD-2008-00264
AJ'l'llCANT'S ISSUE AND 'IHB BOARD'S PECISIONAL RATIONALE ARE DISCUSSED ON TiiE ATfAeHED A(R'F('JRCEDISCHARGEREVIJlW.BOARDDECISIONAL 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.

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

SIGNATURE OF RECORD.JR?	-	,...........	-	l"I	I SIGNATURE OJ'llPARD PRE_SIDNT    A	11	.
INDORSEMENT	DATE: 71712d09
TO:	FROM:

SAFIMRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

1535 COMMAND DR, EE 'WING, JRD FLOOR
ANDREWS AFB, MD 20762-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE- -	CASE NUMBER

FD-2008-00264	

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:

Issue 1. Applicant contends discharge was inequitable because it was based on one isolated incident in 42 months of exemplary service with no other adverse action. The records indicated the applicant tested positive for marijuana and confessed to using marijuana. He received punishment under Article 15, UCMJ, for this drug abuse. The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career. 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