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 THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
24 May 2012 FD-2010-00251
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.
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 | py 5919-09251
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 in equitable because it was based on an isolated incident. Additionally, he
believes that his discharge did not take into account the good things he did while in the service. The record
indicates the applicant was tried under a special court martial, pled guilty and was convicted of the use of
ecstasy and cocaine. 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 and nine months of service was unaware 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 performance and concluded that the discharge was
appropriate.
The DRB was pleased to see that the applicant was doing well and enrolled in college. 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
AF | DRB | CY2010 | FD-2009-00064
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...
AF | DRB | CY2010 | FD-2010-00432
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. ISSUE: Applicant received a General discharge for Misconduct — Drug Abuse The applicant contends discharge was inequitable because it was too harsh.
AF | DRB | CY2010 | FD-2008-00466
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AIC Pt TYPE | PERSONAL APPEARANCE X RECORD REVIEW COUNSEL NAME. 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 that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that...
AF | DRB | CY2011 | FD-2010-00007
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN t TYPE UOTHC PERSONAL APPEARANCE x | RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY - ee eee Xx xX x ‘ Xx : xX ISSUES AOI 25 INDEX NUMBER A66.00 A85.01 1_|ORDER APPOINTING THE BOARD A94.05 2_|APPLICATION FOR REVIEW OF DISCHARGE 3 [LETTER OF NOTIFICATION 4 [BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE...
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 | CY2009 | FD2008-00231
X = Upgrade, Reason for Discharge and Reenlistment Code a SIGNAPO RE OF RECORDER SIGNATURE OF BOARD PRESIDENT 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-2008-00231 GENERAL: The applicant appeals for upgrade of discharge...
AF | DRB | CY2009 | FD2006-00403
X=Change Reason and Authority and Reenlistment Code a “TO: 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-2006-00403 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for...
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-2009-00093
COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIMF OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 01 Jul 2010 FD-2009-00093 CC OAPPLICANT’SASSUB AND. The Board concluded that the negative aspects of the applicant’s service outweighed the positive contributions he made in his Air Force career. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.
AF | DRB | CY2009 | FD2008-00281
FINDINGS: Upgrade of discharge is denied. 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. The applicant cited his desire to receive the G.I.