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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
,FIRST MIDDLE INITIAL)	GRADE

X	RECORD REVIEW
ADl>RESS AND OR Ol!CANIZATION or COUNSEL

| GEN | | DENY
TING | HON | | UOTHC | OTHER |
| | | | | x
| | | | | x
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A66.00 | |

MEMBER SIT

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTJFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITSSUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEAfUNC DATE	CASE NUMBER

^03 ^Oct ^2013	FD-2013-00569

Case heard in Washington, D.C.

Advise applicant of thedecision 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:

SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OFTHI!AIR FORCE PERSONNEL COIJNCTL
AIR FORCE DISCHARGE REVIEW BOARD ISlS COMMAND DR, EE WINC, JRD n.OOR ANDl!EWS AFB.MD 20762.7001

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

CASE NUMBER

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	_FD-2013-00569

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 states that his discharge did not take into account the good things he did while in the service.
The record indicates that the applicant received an Article 15 for wrongful distribution of one morphine pill. The applicant admitted to the misconduct. 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 six months of service was unaware of the Air Force policy of zero tolerance to drug use.  Additionally, the DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and  other accomplishments.  They found the seriousness of the Willful misconduct offset any positive aspects of the applicant's duty performance.   The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

***During the course of the Board hearing the Board noted the applicant's DD Form 214, block 24 states that the applicant's characterization of discharge is Under Other Than Honorable Conditions (UOTHC). The memorandum signed by the discharge authority dated 12 September 2005 states the applicant was discharged with a General service characterization. Additionally, the applicant's AF Form 100 states the applicant's discharge is characterized as a General discharge. The applicant's DD Form 214 should be changed to reflect a General discharge service characterization.***

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