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AF | DRB | CY2010 | FD-2010-00327
Original file (FD-2010-00327.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN

 

 

 

xX PERSONAL APPEARANCE RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL ~ |

 

 

   

 

 

HON GEN UOTHC OTHER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SSUPS 92.35 mwearwmees 466.00
A92.21 1 JORDER 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
22 Mar 2012 FD-2010-00327

 

 

 

 

Case heard in Washington, D.C.

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.

*Narrative Reason and Authority
+RE Code

 
 
 
  

  

FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001

  
     
 

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

 

AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00327

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), without counsel, at
Andrews AFB on 22 Mar 2012.

The following additional exhibits were submitted at the hearing:
Exhibit #6: Airman Maintenance Professional of the Year Award 2004
Exhibit #7: Airman Maintenance Professional of the Quarter 1 October-31 December 2004
Exhibit #8: Associate Degree in Applied Science Electronics Engineering Technology Wayne
Community College
Exhibit #9: Bachelor Degree of Science Information Systems Strayer University
Exhibit #10: Current Employment Performance Appraisals
Exhibit #11: State of North Carolina Notary Public Certification

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The request for the upgrade of the discharge, to change the reason and authority for discharge,
and to change the reenlistment code are denied.

ISSUE: Applicant received a General discharge for Misconduct — Drug Abuse

Applicant contends discharge was inequitable because it was based on an isolated incident. The records
indicated the applicant received an Article 15 for wrongful use of marijuana. The applicant stated he did not
“traditionally” smoke the marijuana, however admitted to being at a party where it was being smoked and he
allowed the smoke from the marijuana cigarette to be blown in his face. Additionally, he stated that he knew
that he should have left the party, however made a bad choice and decided to stay. After a thorough and
complete consideration of the information submitted by the applicant, the applicant’s personal testimony,
and the information contained in the record, the Board opined the applicant was aware 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 duty performance and concluded that the discharge was
appropriate.

The Board was pleased to see the applicant was doing well, graduated college, 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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