AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE
AFSN/SSAN
PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION
RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
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| ISSUES A93.01 INDEX NUMBER A66.00
APPLICATION FOR REVIEW OF DISCHARGE
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
01 Jul 2010 FD-2009-00169
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Case heard in Washington, D.C.
SED ON THE ATTACTIED AIR. FORCE DISCHARGE
REVIEW BOARD D
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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: _——s— —
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
ays wenn enya AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFR, 1X 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-2009-00169
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 submitted no issues regarding the inequity or impropriety of his discharge. The applicant
docs submit that he made a mistake in smoking marijuana, but since then he has matured and wants to be
able to say he served honorably in the AF. The record indicates that the applicant was discharged for
Misconduct—Drug Abuse after receiving two Article 15 actions for wrongful uses of marijuana. The record
shows that the applicant initially was identified as having used marijuana when his urine, collected during a
unit drug sweep on 3 January 2005, tested positive for THC. The applicant denied knowingly using the drug
and claimed somcone had spiked his drink at a bar. On 20 January 2005, the respondent was ordered to
provide a urine sample for a follow-up drug test; his urine again tested positive for THC. The applicant
neither admitted nor denied a knowing use of marijuana on this second occasion. 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 more
than six years of service was unaware of the Air Force policy for zero tolerance to drug use. The Board
further found no inequities or improprieties in the applicant’s discharge and determined the negative aspects
of the willful misconduct outweighed the positive aspects of the applicant’s performance. It 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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