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
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ISSUES A92.37 INDEX NUMBER AG7.70 jock EXHIBITS SUBMITTED TO THE BOARD a
A01,47 1 JORDER APPOINTING THE BOARD
2. |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
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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
05 Aug 2010 FD-2009-00094
ING TEE BORG SENAY RATIONALE ARE OISCUSSED ON THE AS TACHED AIR FORCE DNC HARGE REVIEW) NO REN BECINONAU RATIONALE:
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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.
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To: () FROM:
J AT SECRETARY OF THE AIR FORCE PERSONNEL, COUNCIL
SAT/MRBR on f.. vas AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFI TX//8! 50-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00094
GENERAL: The applicant appeals for upgrade of discharge to general.
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.
After a review of the record, the Board unanimously voted to grant the relief of the requested upgrade as
discussed below.
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.
ISSUES:
Issue 1. Applicant contends his discharge was improper or inequitable because he did not receive the
treatment or medical intervention he needed to address his marijuana and alcohol addictions. Applicant
believes had he received this, he could have continued to be a productive member of the military service. A
review of applicant’s medical records disclosed an entry dated June 6, 2006, indicating that applicant was
receiving ADAPT services; a subsequent entry stated applicant refused ADAPT services and was referred
back to his unit. Therefore, the Board concluded that it was applicant’s choice not to receive the treatment
oftered to him. The Board could find no inequity or impropriety for the discharge based on applicant’s
assertions.
Issue 2. The record indicates that the applicant was discharged for Misconduct-—-Drug Abuse. He received
a Special Court Martial for wrongful use of marijuana. At trial there was both a Stipulation of Fact and an
unsworn statement wherein applicant admitted his drug abuse. Additionally, at the time of the
recommendation for discharge, applicant was entitled to an Administrative Discharge Board, but waived his
right to said board. After review of the record, the Board found no evidence to indicate that the applicant
was unaware of the Air Force policy of zero tolerance to drug use, or that he was improperly treated in any
way. The Board found the negative aspects of applicant’s admitted willful misconduct outweighed the
positive aspects of the applicant’s performance and concluded that the discharge was appropriate.
Issue 3. Applicant infers he should not be penalized indefinitely for a mistake he made when he was
younger, and notes that he would like to serve his country again. The DRB noted the applicant was 26 years
of age when the discharge took place. However, there is no evidence he was immature or did not know right
from wrong. The Board opined the applicant was older than the vast majority of members who properly
adhere to Air Force’s standards of conduct. ‘The DRB concluded that the characterization of the applicant’s
discharge was appropriate due to the misconduct.
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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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. He stated that the stress became too much and he decided to smoke marijuana, which his wife obtained for him at his request. While the applicant appeared to have otherwise good service during his time in the Air Force, the Board could find no inequity or impropricty in his general discharge for marijuana use, the standard...
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GENERAL: Theapplicantappealsforupgrade ofdischarge tohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbased ontheavailableservicerecord.Theattachedbriefcontainsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoard deniestheupgradeofthedischarge. ISSUE:...
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AF | DRB | CY2009 | FD2008-00264
EXHIBE JBMITTED:TO: 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 HEARING DATE CASE NUMBER 30 Jun 2009 FD-2008-00264 APPLICANT'S ISSUE AND THE BOARD’S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIRFORCE DISCHARGE REVIEW:BOARD DECISIONAL RATIONALE. The Board finds that...
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AF | DRB | CY2011 | FD-2010-00273
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 weg NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING. © ~ Hon | GEN | UorHc | oTHER | DENY ~ ~~ | x stan ISSUES A92.35 INpEANUmPER 4 66.00 ae Fectaee enn eee A92.21 1 |ORDER APPOINTING THE BOARD A92.01 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL...
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GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2015 | FD-2015-00218
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