AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICIC MEMBER (LAST, FIRST MIDDLE I N ITIAL)	GRADE	AFSN/SSAN

At C

RECORD REVIEW

AIJIJKBSS ANIJ OK ORGANIZATION  OF COtiNSF.I.

HON

GEN

UOTHC

OTHER

DENY

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X+*

ISSUES

A92.21 A94.0S

INl>F;X Nll MIJER

A94.07		EXHIBITS SUBMITTim TO THE BOARD ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4  BRIEF OF PERSONNEL f l LE COUNSEL'S RELEASE TO THE BOARD
AODITIONAL EXlllHITS Sl Jl:lMITTED AT TIME OF PERSONAL  APPEARANCE

X+*

TAPE RECORDING OF PERSONAL APPEARA NCE I !EARING

HEARING DATF:	CASE NUMBER

19 Nov 2009	FD-2008-00382
ArrqcANT'S ISSUE AND TflE BOARD'S llHClSlONAL RATIONAkll AUlllSCUSSEll ON THB ATTACHF.D  AIR FORC lJlSt'HAROl! REVIEW llOARll f)f.CISIONAC RATIONAtli:.

Case heard in Washi ngton, D.C.

Ad vise appl icant of the decision of the Board and the right to submit an appl ication to t he A FBCMR. Names and votes will be made available to the applicant at the applicant's request.
+Reason for Discharge
*Reenlistment Code

mUURSF.Mi<:NT

DA l Jt;   I 112012009

TOo

FIHJM:

SAf'/MRBR
550 C STR EET WEST, SUITE 40 RANDOLPH AFB, TX 781 50-4742

SECl!FTAl!Y <W THF All! F(ll!C>; PERSONNEL  COUNCIL All! .-owe.: lllSCHAl!f;E REVIEW DOA RD
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 BOA RD DECISIONAL RATIONALE

CASE NllMBER

FD-2008-00382

GEN ERA L: The applicant appeal s for upgrade of discharge to honorable, to change the  reason  and authority for the discharge, and to change the reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel Ms.llof thc American Legion, at Andrews AFB on 1 9 Nov 2009. The following witness also testified on the applicant's behalf: Mr.	applicant's  uncle.

The fi,)llowing additional exhibits were submitted at the hearing: Exhibit #5: American	Statement

The attached brief contains avai lable perti nent data on the applicant and the factors leading to the discharge.

ISSU E: From the DD Form 293, the applicant submitted no issues; however he requested upgrade of his discharge to have his G.I. Bill benefits reinstated.

FINDINGS:   The Board	the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment  code.

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 1. Applicant contends the characterization of his discharge was too harsh based on the quality of his service. The record indicates on 30 April 2007, the applicant, through his defense counsel submitted a request for discharge in l ieu of trial by court-martial, under the provisions of Air Force Instruction 36-3208, Chapter 4 (Administrative Separation of Airmen).  On  15 and  16 Dec 2006, the applicant was with a group of ind ividual s who were under surveillance by the Air Force Office of Special  Investigation  (OSI) for possible drug purchase and use. On 16 Dec  2006, when OSI entered the residence under surveillance, applicant admitted to the use and provided a uri ne sample. Applicant tested positive and above the DoD cutoff of mcthylenedioxyamphetamine (MDA). On 17 Dec 2006, the applicant provided a sworn statement admitting to buying two pills, which he believed to be ecstasy, from another Airman and	one of the pills. In applicants request for discharge in lieu of trial by court-martial, he states he was aware he may be discharged with an Under Other Than Honorable Conditions (UOTHC) service characterization, but wanted the opportunity to move forward with his future without the stigma of a federal conviction. Applicant took full responsi bility for his drug use. The Board concluded that the applicant made an informed choice when he req uested the Chapter 4 discharge and this negative aspect of the applicant's service outweighed the positive contributions he made is his Air Force career. The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2. The Board was pleased to see the applicant was doing well and is pursui ng a college education. However, no inequity in his discharge was found in the course of the  hearing. The Board concluded the misconduct of the applicant appropriately characterized his term of service.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regul ation and was within the discretion of the discharge authority and the applicant provided full administrative due process.

In view of the fore  oing findings, the Board further concludes that there ex ists no legal or equitable basis for

upgrade of discharge and determines the discharge should remai n unchanged.

Attachment: Examiner's Brief