AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
AB
TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW
NAME GrcouNeE: AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING = HON GEN UOTHC OTHER DENY
X
Xx
x
X
Xx
A66.00
ISSUES
INDEX NUMBER
A95.00 ; ;
A01.00 1 [ORDER APPOINTING THE BOARD ee
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
29 Apr 2010 FD-2009-00064
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.
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
«eraser weer 6 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-2009-00064
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 the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.
ISSUE: Applicant received a General discharge for Misconduct—Drug Abuse
Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge and requested
that the review be completed based on the available service record. The record indicates that the applicant
was discharged for Misconduct—Drug Abuse. He received an Article 15 for possession and wrongful use of
marijuana, as evidence by AF Form 3070, dated 20 May 1996. 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 one year 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. Applicant cited his desire to receive the G.I. Bill benefits and be considered for better employment
opportunities so that he could afford to go to college as justification for upgrade. The Board was sympathetic
to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or
impropriety which would warrant an upgrade.
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 that 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, thus the applicant’s discharge should not be changed.
Attachment:
Examiner's Brief
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