1	ORDER APPOINTING Tl IE BOARD	
2	APPLICATION !'OR REVIEW OF DJSCl lARGE	
, 3	LETTER OF NOT!FICATION	
! 4	FlRIEF OF PERSONNEL l"lLE	
	COUNSEL'S RELEASE TO THE BOARD	
ADDITIONAL EXHIBITS SlJFlMITTED AT TIM I' OF
: PERSONAL APPEARANCE	
TAPE RECORDING Of PERSONAL APPEARANCE I !EARING	

ISSUES	A92.21 A94.05	IN!lEX NIJMDER	
l-lF:ARlNG llATE

01 Dec 2009	CASE NIJMDER

.1m-2oos-00466	
APPLICANT'S ISSUI! A1'D THE'!l(i/\.RD'S DEC $JONAL RAT!ONALE		
Case heard in Washington, D.C.

Advise applicant of the decision of the Board, application to the AFBCM R.

Names and votes will be made available to th	

the right to a personal appearance with/without counsel, and the right to submit an

e appl icant at the applicant's request.

 	

TO:

SAFIMRBR
550 C STREET Wf'ST. Sl:l'IE 40 RANDOLPH AFB, TX 78150-4742

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER {LAST, FIRST MJODl,F: I N ITIAL)

GRADE

AFSN/SSAN

A1C

X

RECORD REVIEW

NAME OF COUNSF.L ANO OR ORGA!'llZA TION

ADDRESS AND OK ORGANIZATION OF COUNSEL

MEMBER STTTTNG

!ION

GEN

UOTHC

OTHER

DENY
x x x x
x

A66.00

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NlIMBER

FD-2008-00466	

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 1. Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. He had just returned from Saudi Arabia and his wife was having an affair. He turned to marijuana to cope with the pain and reality. The records indicated the applicant received three Article 1Ss and a Letter of Reprimand for misconduct. His misconduct consisted of wrongful use of marijuana, failure to go (2x), and dereliction of duty by failing to follow the work schedule and modification procedures. After review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in his 15 years of service was unaware of the Air Force pol icy of zero tolerance to drug use. The Board found the negative aspects of the willful miscond uct outwei ghed the positi ve aspects  of  the  applicant's perfonnance and concluded that the discharge was appropriate.

Issue 2.  The DRB was pleased to see that the applicant was doing well and has a good job work for the post office.  However, no inequity or impropriety in his discharge was suggested or fmmd in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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 process.

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

Attachment: Examiner's Brief