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AF | DRB | CY2010 | FD-2008-00550
Original file (FD-2008-00550.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

TYPE GEN PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  

 

 

 

 

bic. i aioe ee ane
HON GEN UOTHC OTHER DENY

 

=" VOTE OF THEBOARD TG" Gyn,

 

 

 

 

 

 

 

 

 

 

  

EXHIBITS SUBMITFED T
[1 [ORDER APPOINTING THE BOARD

2 |APPLICATION FOR REVIEW OF DISCHARGE
3

4

 

ISSUES

A94.05 INDEX NUMBER A66.00

 

 

 

LETTER OF NOTIFICATION
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

 

 

 

17 Mar 2010 FD-2008-00550
TAPELIGANTS ISSUE AND THE BUARD ® DECISIONAL RATIONALE ARE DISCUSSED ON THE ATIACHED AIR TORCH DISCHAROE REVIEW BOARD Di
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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.

  

ee ope Foe ADORSEMENT
aa sre NG Seal AN SRRE AS ARE, Sac en
TO: FROM:
° SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ae eure er qian 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-2008-00550

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 too harsh. The record indicates that the
applicant was discharged for Misconduct—Drug Abuse. He pled guilty at a Summary Court Martial for
wrongful use of marijuana. Aftcr a review of the record, the Board found no evidence to indicate that the
applicant did not know right from wrong or that in his almost two years of service was unaware of the Air
Force policy of zero tolerance to drug use. ‘he 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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