AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE 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
x
7 T
x
xX
+
x
xX
ISSUES A92.35 INDEX NUMBER A66.00
A93.01 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
22 Oct 2012 FD-2009-00576
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.
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 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-2009-00576
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 based on an isolated incident. He also states
that immaturity contributed to his misconduct. The records indicated the applicant was convicted under a
Special Court Martial for use and distribution of psilocybin mushrooms. The applicant admitted to the use and
distribution during a weekend trip to Amsterdam. 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 22 months of service was unaware of the Air Force
policy of zero tolerance to drug use. Additionally, the DRB recognized the applicant was 20 years of age when
the discharge took place. However, there is no evidence he was immature or did not know right from wrong.
The Board opined the applicant was the same age as the vast majority of first-term members who properly
adhere to the Air Force’s standards of conduct. The DRB concluded that the characterization of the
applicant’s discharge was appropriate due to the misconduct.
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, on October 17,
2005) 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 | CY2010 | FD-2008-00576
* Change Reason and Authority + Change Reenlistment Code a ais : oo SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL a AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 32RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00576 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason...
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-2009-00055
RECORD REVIE' ADDRESS AND OR ORGANIZATION OF COUNSEL UOTHC - T x ~ - - T x xX Xx t- Xx ISSUES INDEX NUMBER A93.01 A67.00 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER Of NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD PERSONAL APPEARANCE ADDITIONAL EXHIBITS SUBMITTED AT TIME OF TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE 17 Jun 2010 CASE NUMBER FD-2009-00055 ee Case heard in Washington, D.C. application to the AFBCMR. The Board...
AF | DRB | CY2010 | FD-2009-00191
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. The Board noted the issue was common result of miscommunication, at the time of discharge, when the applicant is briefed that their discharge will automatically be upgraded after six months.
AF | DRB | CY2010 | FD-2009-00001
ISSUES A93.01 INDEX NUMBER A84.00 EXHIBITS SUBMITTED TO THE BOARD A94,55 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 [LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL VILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 17 Dec 2009 FD-2009-00001 APPLICANT'S ISSUE-AND THE:BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE:ATTACHED AIR FORCEDISCHARGE REVIEW:...
AF | DRB | CY2010 | FD-2010-00303
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE xX. Because member’ discharge file was unavailable to the Board for review, the Board was unable to conclusively ascertain the nature of misconduct on member’s part that formed the basis for the discharge. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.
AF | DRB | CY2013 | FD-2013-00576
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOF SERVICEMEMBER (LAST,FlRST MIDDLE ll'll:TIAL)GRADEAFSN/SSA;'<X RECORDREVIEWADDRES. ANDORORCAN17.ATIONOfCOUNSELMEMBERISSUESINDEX NUM LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILE COUNSEL'SRELEASETOTHEBOARDADDITIONAL EXH1BITSSUBMITTEDATTIMEOF PERSONALAPPEARANCETAPERECORDINGOfPERSONALAPPEARANCEHEARINGHEARINGDATE CASENUMBER10Jan 2014 FD-:2013-00576 CaseheardinWashington,D.C.AdviseapplicantofthedecisionoftheBoard,therighttoa...
AF | DRB | CY2010 | FD-2010-00406
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN PERSONAL APPEARANCE xX RECORD REVIEW NE) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY xX XA X*+ X*+ X*+ ISSUES A92.21 “INDEX NUMBER A67.10 no A93.01 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-2010-00437
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. ISSUE: Applicant received a General discharge for Failure in the Alcohol and Drug Abuse Treatment Program (ADAPT) Applicant contends discharge was inequitable because it was based on two isolated and immature mistakes in sixteen months of service. The Board reviewed the entire record and found no evidence of...
AF | DRB | CY2010 | FD-2009-00149
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 4] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL OTHER DENY x x xX x x | ISSUES A931 I INDEX NUMBER A67.90 E ! 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. Applicant submitted...