AFSN/SSAN
Xx RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING — HON | __GEN UOTHC OTHER DENY
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5 * = eas re A
ISSUES A94,53 INDEX NUMBER A66.00 2 EXHIBIISSUBMI a
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
09 Mar 2012 FD-2011-00008
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.
EE RRS
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-2011-00008
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 submitted no issues regarding the inequity or impropriety of his discharge. The applicant does
submit that he believes an upgrade will assist with his future career progression. The record indicates that
the applicant received a Letter of Reprimand for wrongful use of spice. The record shows that the applicant
was identified during an OSI investigation as using spice with other airman in the Cannon AFB dormitories.
The applicant admitted to use on multiple occasions. 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 nineteen 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.
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-2009-00008
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD TYPE GEN NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION AFSN/SSAN x RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL TO: SAF/MRBR Case heard in Washington, DC. FINDING: The Board denies the upgrade of the discharge. ISSUE: Issue 1, The applicant was discharged IAW AFI 36-3208, paragraph 5.50.2: A Pattern of Misconduct: Conduct Prejudicial to Good Order and Discipline.
AF | DRB | CY2013 | FD-2013-00193_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorableandtochangethereasonand authorityforthedischarge.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: Therequestsfortheupgradeofthedischarge,andtochangeofreasonandauthorityfor dischargearedenied. ISSUE: Applicant...
AF | DRB | CY2015 | FD-2015-00013
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2011 | FD-2009-00730
The applicant appeared and testified before the Discharge Review Board (DRB) without counsel at Andrews — AFB on 21 Jun 2012. In his testimony , he described the effects of the products similar to smoking a Newport and described Spice as providing a longer “boost.” The fact Spice was not specifically listed as a prohibited substance until June 2010 does not exclude its use from being a basis for discharge per AFI 36-3208, paragraph 5.54, which states, "Drug abuse is incompatible with...
AF | DRB | CY2013 | FD-2013-00759
GENERAL: The applicantappeals forupgradeofdischargetohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbecompleted basedontheavailable servicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
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-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 | CY2010 | FD-2008-00441
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.
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 | CY2015 | FD-2013-00604
GENERAL:TheapplicantappealsforupgradeofdischargetoHonorable, tochangethereasonand authority forthedischargeandtochangethereenlistmentcode. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted basedontheavailableservicerecord. Theattachedbrief containsavailablepertinent dataontheapplicant andthefactorsleadingtothedischarge.