AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AIC Pt
TYPE | PERSONAL APPEARANCE X RECORD REVIEW
COUNSEL NAME. OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
VOTEOFR THE BOARD
MEMBER SITTING HON GEN | UOTHC OTHER | DENY
x
Xx
x
Xx
x
ISSUES A922] INDEX NUMBER A66.00 EXHIBITS SUBMITTED TO THE BOARD
A94.05 1 JORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCIIARGE
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
01 Dec 2009 FD-2008-00466
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.
ao pany —— TUITE NT mer ee si
TO:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SAHMEBE AIR FORCE DISCHARGE REVIEW BOARD
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-2008-00466
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 1. Although not explicitly stated, applicant contends his discharge was inequitable because it was too
harsh. He had just returned from Saudi Arabia and his wife was having an affair. He turned to marijuana to
cope with the pain and reality. The records indicated the applicant received three Article 15s and a Letter of
Reprimand for misconduct. His misconduct consisted of wrongful use of marijuana, failure to go (2x), and
dereliction of duty by failing to follow the work schedule and modification procedures. 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 15 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.
Issue 2. The DRB was pleased to see that the applicant was doing well and has a good job work for the post
office. However, no inequity or impropricty in his discharge was suggested or found in the course of the
hearing. The Board concluded the misconduct of the applicant appropriately characterized his term of
service.
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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