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AF | DRB | CY2010 | FD-2009-00176
Original file (FD-2009-00176.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN

 

 

 

 

TYPE GEN
eas,

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ISSUES

INDEX NUMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

        

A95.00 A66.00 ;
A01.00 1_ [ORDER APPOINTING THE BOARD
2_ | APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION .
4 |BRIEF OF PERSONNEL FILE i
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASK NUMBER
04 May 2010 FD-2009-00176
be ms ANTS ISSUE ANDTHE BOARD'S DECISIONAL RATIONALE ARE UTS BOARD DECISIONAL RATIONALE.
i. es cet : es " See oe See ae
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.
*Reason and Authority
+Reenlistment Code

 

   

AE

SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
Bene ST ace an AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, YX 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-2009-00176

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 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, change of reason and authority for discharge,
and change of reenlistment code.

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:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant
has expressed a desire to have his discharge upgraded so that he may be eligible to reenlist into the armed
forces. The record indicates the applicant reccived an Article 15 for wrongful use of Xanax and marijuana.
After 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 33 months 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. The DRB was pleased to see that the applicant was doing well and has 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 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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