AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

x	PERSONAL  APPEARANCE

RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

HON

GEN

UOTHC

OTHER	DENY

x x x

ISSUES

A92.35

16.oo

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

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING  DATE	CASE NUMBER

05 Feb 2014	FD-2012-00609

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.

TO:

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

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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-2012-00609	

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 originally received an Under Other Than Honorable Conditions (UOTHC) discharge for drug abuse on 29 August 2005.  On 6 October 2005, the applicant applied to the Air Force Discharge Review Board (AFDRB) for upgrade of his UOTHC to a General service characterization.  The case was boarded 24 May 2006 and the applicant received an upgrade to a General service characterization.  The applicant now contends that he mistakenly requested upgrade to a General service characterization and is requesting upgrade to an Honorable service characterization based on his misconduct being an isolated incident.   The
record indicated the applicant received an Article 15 for use of marijuana.  The applicant admitted to the use. 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 two years and eight 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 General discharge is 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