AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
TYPE GEN |X PERSONAL APPEARANCE RECORD REVIEW
ances a | NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES Na
x
ce
a
GEN UOTHC OTTER DENY
| x
xX
—_—_—|
| x
XxX
xX
e _ ae i 3 a
ISSUES A92.35 INDEX NUMBER A66.00 li Le t) - 8
A93.07 ] J|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
18 Feb 2010 FD-2008-00408
rt
INALE
Case heard in Washington, D.C,
Advise applicant of the decision of the Board 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.
SAFIMRBR SECRETARY OF THE AR FORCE PERSONNEL CDUNCE
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2} Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00408
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 appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 18 Feb 2010.
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 are denied.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUES:
Issue 1. Applicant contends his drug use was an isolated incident during his 35 months of service, with no
other adverse actions. For reasons explained in the paragraph below, the DRB found no inequity or
impropriety in his discharge.
Issue 2. Applicant contends he was under a lot stress due to his wife’s drug problems and taking care of his
newborn son. The record indicates that the applicant was discharged for Misconduct—-Drug Abuse. He
received an Article 15 and a Letter of Reprimand for wrongful use of marijuana. His drug use was
discovered during a random urinalysis and he then admitted to the AFOSI that he had smoked marijuana on
the occasion in question and on two other occasions since entering active duty. Additionally, his enlistment
paperwork showed he had used marijuana two times prior to entering the Ait Force. The applicant stated
that he was under a lot of stress because his wife was using drugs and engaging in bizarre behavior, such as
filing false reports against him for domestic abuse. The applicant stated he was caring for their newborn son
almost exclusively as his wife was unable to care for him. He stated that the stress became too much and he
decided to smoke marijuana, which his wife obtained for him at his request. However, he had also stated he
had sought help for his wife through ADAPT program personnel and his supervisory chain. This led the
DRB to conclude that he was aware of counseling tools available to him to help him cope with the stress, but
he chose not to use them. The applicant admitted that he was aware of the Air Force’s zero tolerance policy
regarding drugs. While the applicant appeared to have otherwise good service during his time in the Air
Force, the Board could find no inequity or impropricty in his general discharge for marijuana use, the
standard characterization of discharge for Airmen who use marijuana.
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
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