AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE I NITIAL)

AFSN/SSAN

AB
X	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

ISSUES

A94.05

INDEX NUMBER

A66.00

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I ION	GEN	UOTI re	OTHER	DENY
x x x x
x

1  ORDER Al'l'OINTING THE 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 PERSONA L A PPEA RA NCE HEARING
r-------·------+--------------	...,..... ,. ,···· ·"·-··-+--lc------------------------
HEARING DATE	CASE NUMBER

17 Mar 2010	FD-2008-00550

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 A f<'l3CMR.

Names and votes will be made avai l able to the applicant at the appl icant's req uest.

SAF/MRBR
550 C STREET WEST, SUITI·: 40 RA NDOLPH AFB, TX 78150-4742

FROM:

SECRETARY  OF THE AIR  FORU: PERSONNEL  COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762- 7001

AFHQ FORM 0-2077, J AN 00	([:;:P-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00550	

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 too harsh. The record  indicates  that  the applicant was discharged for Misconduct-Dmg Abuse. He pled guilty at a Summary Court Martial for wrongful use of marijuana. After a review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in his almost two 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 ful I administrative due process.

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

Attachment: Examiner's Brief