AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, HRST MIDDLE INITIAL)

GRADE

Ali'SN/SSAN

A I C

RECORD REVIEW

YES

No

x

MF.MRFD ..:TTTTllo.11"'

MON

OEN

UOTHC

OTHER

DENY

X*+

X*+ X* I
X*+

ISSUES

A.95.00
AOl.00

INDEX NUMBER

A66.00

i	1-

·--------
CASE l'ilJMllER

---------j--

HEARING DA TE

Ol Dec 2009

FD-2008-00515

Case heard i n Washi ngton, 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 A FBCMR.

Names and votes will be made available to the applicant at the appl icant's request.
*Reason and Authority
+Reenlistment Code

TO'	SECRETARY OF TllE AIR FORCE PE! SONNU. COIJNCIL

SAF/MRBR
550 C STREET WEST. SUITE 40
RANDOi Yl I AFH, TX 78150-4742

AIR FOl<CE DISCHARGF: Rl'VIE:W BOARD 1535 COMMAND  DR, t;E WING, JRD FLOOR
ANDREWS AFB, MD l07(,l.1!Kll

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00515	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to  change  the  reason  and authority for the discharge, and to change the reenlistment code.

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 appl icant 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.

Applicant admits that he made a mistake during his enlistment. He has expressed a desire to have his discharge upgraded so that he may be eligible for reenlistment with the armed forces. The records indicated the applicant admitted to an observer and later to a security forces investigator that he had used marijuana while home on leave. After a review of the record, the Board fmmd no evidence  to  indicate  that  the applicant did not know right from wrong or that i n his year of service he 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 requi rements 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 1s Brief