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AF | DRB | CY2010 | FD-2008-00441
Original file (FD-2008-00441.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

 

 

 

 

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE xX RECORD REVIEW
| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

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ER STE T ING HON GEN UOTHC | OTHER DENY
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ISSUES A92.35 INDEX NUMBER A66.00 ke : a
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
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HEARING DATE CASE NUMBER
13 May 2010 FD-2008-00441
” a ANTS ISSUE AND: HARD! DECISIONAL RA HORALE ARE, DISCUSSED ON JHE: ATT ACHES AIRFORCE RGR REVIEH BOARD DECISIONAL RATIONALE ai
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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.

 

 

INDORSEMENT (ooo eee DATE: 5/19/2010 el
TO: » "FROM: :
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ier AIR FORCE DISCHARGE REVIEW BOARD
530 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-2008-00441

 

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.

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.

ISSUE:

Applicant contends discharge was inequitable because it was based on an isolated incident. The records
indicated the applicant received an Article 15 for wrongful use of marijuana. 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.

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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