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AF | DRB | CY2011 | FD-2010-00273
Original file (FD-2010-00273.pdf) Auto-classification: Denied
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

 

 

 

 

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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 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-2010-00273

 

 

    
    

| 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-2010-00273

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. Additionally, he
believes his discharge did not take into account the good things he did while in the service. The records
indicated the applicant was tried under a summary court martial, pled guilty and was convicted of
distribution of marijuana. Additional misconduct considered at the time of discharge includes one Article
15, one Letter of Reprimand, one Letter of Admonishment, and one Letter of Counseling. This misconduct
included failed to maintain room standards, underage drinking, insubordinate to an officer, failure to perform
job tasks and failure to meet fitness standards. 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. 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 has a good job. 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

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