AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN
TYPE GEN |X PERSONAL APPEARANCE : RECORD REVIEW -
POUNSEL 7) Name or COUNSEL AND OR ORGANIZATION - ADDRESS AND OR ORGANIZATION OF COUNSEL ~
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ISSUES
EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD _
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
[BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT ‘ITME OF
PERSONAL APPEARANCE
‘TAPE RECORDING OF PERSONAL APPEARANCE HEARING
A92,21 A39.00
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HEARING DATE CASE NUMBER
10 Aug 2010 FD-2009-00028
THE BOARIVS DECISIONAL RATIONALE ARE DISCUSSED
Case heard in Washington, D.C, via video teleconference with Randolph AFB, Texas,
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.
*Reason and Authority
+Reenlistment Code
TO: FROM:
SAF/MRBR. SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
: : : AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE- FD-2009-00028
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), with counsel from the
Texas Veterans Commission (Mr A), via video teleconference between Andrews AFB Maryland and
Randolph AFB, Texas on 10 Aug 2010.
The following additional exhibits were submitted at the hearing:
Exhibit 5: Applicant’s Contentions
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.
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:
Issue 1. Applicant contends discharge was inequitable because it was too harsh and feels he should not have
been court martialed. ‘The records indicated the applicant had a Special Court Martial for attempting
wrongful possess of lysergic acid dicthylamide and wrongful use of marijuana. He was punished with
confinement for 3 months, reduction in grade to Airman Basic, and an Under Honorable Discharge
(General). After a review of the record and the applicant’s testimony, the Board found no evidence to
indicate that the applicant did not know right from wrong or that in his two years of service was unaware of
the Air Force policy of zero tolerance to drug use. The Board concluded that the negative aspects of the
applicant’s service outweighed the positive contributions he made in his Air Force career. The
characterization of the discharge received by the applicant was found to be appropriate.
Issue 2. The DRB was pleased to see that the applicant was doing well and is self employed with a good job.
However, no inequity or impropriety 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 [ull 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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