AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
| PERSONAL APPEARANCE lx RECORD REVIEW
[AME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING HON GEN UOTHC OTHER DENY _
x
Xx
Xx
Xx
x
{ a
ISSUES A01.43 INDEX NUMBER A66.00 : So
A92.01 1 JORDER APPOINTING THE BOARD
A94.05 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
24 May 2012 FD-2010-00332
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.
SRE a
TO:
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-2010-00332
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.
ISSUE: Applicant received a General discharge for Misconduct — Drug Abuse
Applicant contends discharge was inequitable because it was too harsh. He states his discharge did not take
into account the good things he did while in the service. He believes he was punished twice for the same
crime, because he was unaware he could be administratively discharge after serving his special court martial
sentence. The records indicate the applicant was tried, pled guilty and was convicted under a special court
martial for use of ecstasy and wrongful use of Coricidin HBP Cough and Cold Medicine. However, upon
review of the record, the Board was unable to find any documentation regarding the discharge. Due to lack
of evidence and supporting documentation to explain the discharge, the Board concludes that the misconduct
was a significant departure from the conduct expected of all military members. The Board relies on the
presumption of regularity and finds the characterization; reason for discharge and the reenlistment code were
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
AF | DRB | CY2010 | FD-2010-00389
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. 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. FINDING: The Board denies the upgrade of the discharge.
AF | DRB | CY2010 | FD-2010-00365
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE BCD PERSONAL APPEARANCE x RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SIFTING UOTHC | OTHER DENY x Xx x Xx Xx : J ISSUES A92.01 INDEX NUMBER A68.00 s st ee ae aS 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...
AF | DRB | CY2010 | FD-2010-00348
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. FINDING: The Board denies the upgrade of the discharge. Applicant submitted no issues regarding the inequity or impropriety of his discharge.
AF | DRB | CY2010 | FD-2009-00097
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN SRA a TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW Ree NAME OF COUNSEL AND OR ORGANIZATION ~ ADDRESS AND OR ORGANIZATION OF COUNSEL ESET VOTE OF THE BOARD. a
AF | DRB | CY2011 | FD-2010-00251
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN TYPE GEN | PERSONAL APPEARANCE xX RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING ~~ HON | GEN. | UOTHC | OTHER | DENY xX ¢ x Xx L Xx x ISSUES A92.35 INDEX NUMBER - A66.00 A92.21 1 |ORDER APPOINTING THE BOARD A92.01 2. |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO...
AF | DRB | CY2011 | FD-2010-00113
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. FINDING: The Board denies the upgrade of the discharge. Upon review of the record, the Board was unable to find any documentation regarding the discharge.
AF | DRB | CY2010 | FD-2010-00403
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN “| o_/ TYPE GEN PERSONAL APPEARANCE xX | RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES No X MEMBER SITTING HON GEN UOTHC | OTHER DENY i x | ; xX xX x 4 ISSUES A94.53 INDEX NUMBER A66.00 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...
AF | DRB | CY2011 | FD-2010-00233
ISSUE: Applicant received a General discharge for Misconduct — Drug Abuse. Notwithstanding the applicant’s claim that this was an isolated incident, the Board found the seriousness of drug abuse affords the commander authority to pursue administrative discharge to uphold good order and discipline, regardless of whether or not the member has an otherwise clear record. After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge.
AF | DRB | CY2010 | FD-2010-00376
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 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. The Board reviewed the entire record and found no evidence of impropriety or inequity...
AF | DRB | CY2010 | FD-2009-00032
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. Applicant submitted no issues 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.