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Decision Text

AF | DRB | CY2011 | FD-2011-00008
Original file (FD-2011-00008.pdf) Auto-classification: Denied
AFSN/SSAN

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

   
   

 

 

 

 

 

 

 

 

 

 

 

  

Xx RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
MEMBER SITTING — HON | __GEN UOTHC OTHER DENY
x
x
x
|
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Xx
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

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