AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AB
X	RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

f------+-- >---  -	-····· -- --------

MEMBER SITTING

HON	GEN	UOTHC

OTHER	DENY
x

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x
x
---------+-- - -	--·-.,----+------+-----+	I
x
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x

ISSUES

A95.00 AOl.00

INDEX NUMBER

A66.00

1   ORDER APPOINTING THE IlOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER 01' NOTil'ICA TJON
4   URIEi' 01' PERSON NEL FILE COUNSEL'S RELEASE TO THE HOARD
>-----+------------·------ ----
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
----·---·,··-- --------------!
TAPE Rt:CORDTNG OF PERSONAL APPEARANCE HEARING

HEARING  DATE	CASE NIJMBIU<

29 Apr 2010	FD-2009-00064
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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.

TOo

SAF/MRHR
550 C STR EET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROMo

SECRETARY OF Tm; AIR FOl<CE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW IJOAHD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00064	

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 availabl e 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 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:   Applicant received a General discharge for Misconduct-Drug Abuse

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge and requested that the review be completed based on the available service record. The record indicates that the applicant was discharged for Misconduct-Drug Abuse. He received an Article 15 for possession and wrongful use of marijuana, as evidence by AF Form 3070, dated 20 May 1996. 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 one year 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.

Issue 2. Applicant cited his desire to receive the G.I. Bill benefits and be considered for better employment opportunities so that he could afford to    to college as justification for upgrade. The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

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 that the applicant was provided full administrative due process.

In view of the foregoi ng findi ngs, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief