AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAM E OI<'SERVICE MEMBER (LAST, t"I RST l\11DDIS I N ITI A i.)

GRADE	Al'SN/SSAN

A B
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x	RECORD REVIEW
ADDRESS Ai'iD OR ORGAMZA TlON OF COUNSEi.

x x
x x
x

ISSUES

A94.53

INtll::X NUMBER

A66.00

ORDER APPOINTING THE !:>OAR D

TO Tl:IE BOARD

2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4  BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONA L EXI l l t!ITS SUBMITTED AT TIM E OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARJNG

HEARING OATE	CASR Nt:MRF.R

13 Jan 2010	FD-2008-00600

THE· ATIACHEtl AIR FORCE DISCHARGE RP.VJEW BOARD DECISIONAL RAT(eiNALE.

Case heard in Washington, D.C.

Advise appl icant 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 wi l l be made avai labl e to the appl i cant at the appl icant's req uest.

TO•	SECRETARV OF TIIE AIR FORO: PERSONNEL COUNCIL

SAF/MRBR
550 C STREET WEST, SUIT!' 40 RANDOLPH AFB. TX 78l 50-4742

AIR FORCE l>ISCHARGE REVIEW BOARD 1535 COMMAND DR. EE WING, 3Rl.l fLOOR A DREWS AFll, MO 20762-700I

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00600	

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.

FINDINGS: The Board denies the upgrade of the discharge.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:	(From  the  DD  Form  293)  The  applicant  contends  discharge  was  inequitable  based  on  the following reason.

Applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant states that during his nine months in the Air Force he made valuable friendships and learned valuable lessons.  He states he wants to "right this ship" and requests his discharge be upgraded.   The record indicates the  applicant received an Article  15 for marijuana use on two occasions.  Discharge for drug abuse is mandatory in the Air Force unless the member can show they meet the seven retention criteria in AFI 36-3208.  In this case, the applicant did not attempt to show that he met such criteria.  Based on the facts of this case, the Board no evidence of impropriety or inequity to warrant an upgrade of the discharge.

CONCLUSIONS: 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 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