AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONA L APPEARANCE

GRADE	AFSN/SSAN

AB
x	RECORD  REVIEW

ADDRESS AND OR ORGANJZATION OF COUNSEL

x

l\lff.'M u I< D ..:ITTIN(:

HON

GEN	UOTHC

OTHER

DENY
x

x
x

ISSUES

A92.35

I NDEX NUMBER

A66.00

I ORDER APPOINTING TllF. 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 NUMlll<:R

13 May  2010	FD-2008-0044 J

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.

TO:	
AFHQ FOR.i\.10-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00441	

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 and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDING:  The Board denies the upgrade of the discharge.
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 based on an isolated incident. The records indicated the applicant received an Article 15 for wrongful use of marijuana. After review of the record, the Board fotmd no evidence to indicate that the applicant did not know right from wrong or that in his three years of service was unaware of the Air Force policy of zero tolerance to drug use. The Board found the negative aspects of the willful misconduct outweighed the positive  aspects of the applicant's performance and concluded that the discharge was appropriate.

CONCLUSION: 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 the applicant was provided full administrative due p1v1,.;c:s:s.

In view of the foregoing findings, the Board further concludes that there	no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief