NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE
X RECORD REVIEW
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ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
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ISSUES A94.05 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 BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
05 Jul 2012
FD-2010-00334
Case heard in Washington, D.C.
application to the AFBCMR.
*Narrative Reason
+RE Code
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an
Names and votes will be made available to the applicant at the applicant’s request.
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2)
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00334
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 scheduled for a personal appearance before the Discharge Review Board (DRB) but
notified the Board that he had decided against a personal appearance and requested 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 the discharge
and change of reenlistment code.
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.
ISSUE: Applicant received a General discharge for Misconduct: Drug Abuse.
Applicant contends discharge was inequitable and too harsh because it was based on an isolated, one time
incident in over 2 years of service. The record indicates that the applicant was discharged for Misconduct—
Drug Abuse. He received an Article 15 for wrongful use of marijuana. Applicant contends he smoked a
cigar and didn’t realize it was marijuana. 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 two years of service was unaware of
the Air Force policy of zero tolerance to drug use. Notwithstanding the applicant’s claim that this was an
isolated incident, the Board found the seriousness of drug abuse affords the commander the authority to
pursue administrative discharge to uphold good order and discipline, regardless of whether or not the
member has an otherwise clear record. 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. A discharge is upgraded only if the applicant and the Board can establish that an inequity or
impropriety took place at the time of discharge. After a thorough review of the record, the Board found no
evidence to justify an upgrade of the discharge.
The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted
that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he understood
he must receive an Honorable discharge to receive future educational entitlements. The Board was
sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of
inequity or impropriety which would warrant an upgrade.
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 | 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 | CY2013 | FD-2013-00314
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonandauthorityforthedischarge,andtochangethereenlistmentcode.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbased ontheavailableservicerecord. Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: Therequestfortheupgradeof thedischarge,tochangethereasonand...
AF | DRB | CY2013 | FD-2013-00377_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2010 | FD-2008-00408
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...
AF | DRB | CY2015 | FD-2015-00218
GENERAL: The applicantappeals forupgradeofdischargeto Honorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbecompletedbased ontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthe discharge.ISSUE: The applicantreceivedaGeneraldischargeforMisconduct-Drug Abuse
AF | DRB | CY2015 | FD-2014-00586
GENERAL: Theapplicantappeals forupgradeofdischargetoHonorable. Theapplicant wasoffered apersonalappearancebeforetheDischargeReview Board(DRB)butdeclinedandrequests that thereviewbecompletedbased ontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge.
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...
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...
AF | DRB | CY2013 | FD-2013-00665
GENERAL: Theapplicantappealsforupgrade ofdischarge tohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbased ontheavailableservicerecord.Theattachedbriefcontainsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoard deniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2010 | FD-2009-00139
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, change of reason and authority for discharge, and change of reenlistment code. The record indicates that the applicant was discharged for Misconduct—Drug Abuse.