NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
AFSN/SSAN
TYPE GEN PERSONAL APPEARANCE
x RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING
7 Xx
xX
xX
L
x
ISSUES A92.35 INDEX NUMBER 66.00 ea ae . EGE R
1 j|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
07 Jun 2012 FD-2010-00233
Case heard in Washington, D.C.
application to the AFBCMR.
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
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
Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00233
GENERAL: The applicant appeals for upgrade of discharge to honorable.
The applicant was offered a personal appearance before the Discharge Review Board (DRB) in California,
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.
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 because it was based on an isolated, one time incident in 31
months of service. The record indicates that the applicant was discharged for Misconduct—Drug Abuse. He
received an Article 15 for wrongful use of 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 almost three 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 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.
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-2010-00251
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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-2009-00139
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.
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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. Applicant submitted no issues regarding the inequity or impropriety of his discharge...
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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. 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 23 months of service was unaware of the Air Force policy of zero tolerance to drug use. The Board noted the issue was common result of miscommunication, at the time of discharge,...
AF | DRB | CY2010 | FD-2010-00334
FINDING: The Board denies the upgrade of the discharge, change of reason and authority for the discharge and change of reenlistment code. ISSUE: Applicant received a General discharge for Misconduct: Drug Abuse. 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.
AF | DRB | CY2011 | FD-2011-00008
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 record indicates that the applicant received a Letter of Reprimand for wrongful use of spice.
AF | DRB | CY2010 | FD-2010-00327
*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...
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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. 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 three years of service was unaware of the Air Force policy of zero tolerance to drug use.