AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

.  NAME OF SERVICE MEMBER (LAST, FIRST MH)DLE INITIAL)

GRADE

AFSN/SSAN

AB

X

RECORD REVIEW

AllllRESS AND OR ORGANIZATION OF CQUNSEL

MEMBER SITTING

				x	
					x	
					x	

ISSUES	A95.00	1N1lt:X NUMBER	A66.00 AOl.00		

APPLICATION FOR REVIEW OF DISCHARGE	
	3	LETTER OF NOTIFICATION	
	4	BRIEF OF PERSONNEL FILE	
		COUNSEL'S RELEASE TO THE BOARD	
		ADDITIONAL EXHll3JTS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE HEARING	
HEARING DATE

13 May 20l0	
CASE NUMBER

FD-2009-00122			

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 appl icant at the applicant's req uest.	

TO:

SAF/MRBR

SECIU;tARY OF T!IE AIR FORCE PERSONN :I. COUNCIL
AIR FORCli DISCHARGE REVlliW BOARD 1535 COMMA!> DR, EE WlNG. JfU> FLOOR ANDREWS AF8, MD 20762- 7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISfONAL RATIONALE	CASE NUMBER

FD-2009-00122	

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 leadi ng 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:

Issue l. Applicant submitted no issues and requested that the review be completed based on the available service record. The record indicated that the applicant was discharged for Misconduct-Drug Abuse. He received an Article 15 dated 25 April 2005 for wrongfully using marijuana. The applicant also had a Record of individual Counseling on 3 different occasions; twice for failure to go to appointed place of duty and for driving infraction on Luke AFB. The Board concluded the misconduct was significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be 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 foll 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: Examiner1s Brief