AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE	GRADE	AFSN/SSAN	
	X	RECORD REVIEW	
	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL	

	HON	GEN	UOTHC	OTHER	DENY	
					X*+	
					X*+	
					X*+	
					X*+	
					X*+	

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

ISSUES

A94.39
A94.05

INDEX NUMBER

A66.00

1 ORDER APPOINTING THE BOARD

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE

CASE NUMBER

07 Feb 2011

FD-2009-00489

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.

*Reason and Authority
+Reenlistment  Code

7

/ 	

TO:	'Tl;::
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

v ,
SECRETARY OF THE AI R  f ORCE PERSONNEL COUNCIL AIR FORCE DISCHARGf   Hf \ IEW BOARD
1535 COMMAND DR, EE \\ i 'G, 3RD FLOOR ANDREWS AFB, MD zo-io.! 001

AFHQ  FORM  0-2077, JAN  00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2009-00489	

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 applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the  record  and  evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable.

ISSUES:

Issue  1.  The record indicates that the applicant was discharged  for Misconduct-Drug Abuse.  He received an Article 15 for wrongful use of marijuana. The record shows that the applicant admitted to one-time use but did not have prior use; applicant stated that he had been influenced by peer pressure. 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 time in 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 aspei;.:ts of the applicant's performance and concluded that the discharge was appropriate.

Issue 2. Applicant contends discharge was inequitable because it was too harsh. The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his brief Air Force career.  The characterization of the discharge received by the appl icant 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 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 unch;mged.

Attachment: Examiner's Brief