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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

GRADE

x	RECORD REVIEW

AFSN/SSAN

ADDRESS AND OR ORGANIZATION OF COUNSEL

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MEMBER SITTING

HON	GEN

UOTHC	OTHER	DENY

x x x

ISSUES

A92.35 A92.21 A92.0l

INUt.Al'4UIV1Dt:.n.

A66.00

x
x

1	ORDER APPOINTING 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

HEARING  DATE	CASE NUMBER

24 May 2012	FD-2010-00273

Case heard in Washington, D.C.

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

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.

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00

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

(EF-V2)	Previous

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2010-00273	

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.
ISSUE: Applicant received a General discharge for Misconduct - Drug Abuse

Applicant contends discharge was inequitable because it was based on an isolated incident. Additionally, he believes his discharge did not take into account the good things he did while in the service. The records indicated the applicant was tried under a summary court martial, pled guilty and was convicted of distribution of marijuana. Additional misconduct considered at the time of discharge includes one Article 15, one Letter of Reprimand, one Letter of Admonishment, and one Letter of Counseling. This misconduct included failed to maintain room standards, underage drinking, insubordinate to an officer, failure to perform job tasks and failure to meet fitness standards. 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 three 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.

The DRB was pleased to see that the applicant was doing well and has a good job. However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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 unchanged.

Attachment: Examiner's Brief