NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	.AF.SN/S.SA.N  ..

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER  STTTTNC:

HON	GEN	UOTHC	OTHER

DENY

x

x

ISSUES

A94.53

INDEX NUMBER

A66.00

x 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

09 Mar 2012	FD-2011-00008

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, JRD FLOOR ANDREWS AFB, MD 20762-7001

(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2011-00008	

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 submitted no issues regarding the inequity or impropriety of his discharge.  The applicant does submit that he believes an upgrade will assist with his future career progression.	The record indicates that the applicant received a Letter of Reprimand for wrongful use of spice.  The record shows that the applicant was identified during an OSI investigation as using spice with other airman in the Cannon AFB dormitories. The applicant admitted to use on multiple occasions.  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 nineteen months 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.

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