TO:
SAF/MRBR
550 CSTREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
SECRETARY or TI:IE AIR FORCE PERSONNEL COUNOL AIR FORCE DISCHARGE REVUW BOARD 1535COMMAND DR,EE WING, JRD FLOOR
ANDREWS AfB. MD 2076? 7001
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00665 |
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 would like an upgrade so that he can move on with his life. The record shows that the applicant received one Article 15 for use of D-Amphetamine and one Letter of Reprimand for use of marijuana during technical school. He identified as using D-Amphetamine through a random urinalysis and admitted to the marijuana use during the investigation. 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 five 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 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. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on February 2009) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.
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-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 | CY2010 | FD-2008-00465
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN a ‘ x PERSONAL APPEARANCE RECORD REVIEW 0 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL nes [we Px] | Donte Marshal, Inc 00 HON : UOTHC OTHER DENY ISSUES A92.21 INDEX NUMBER A66.00 . | A94,05 1 |ORDER APPOINTING THE BOARD 2 APPLICATION FOR REVIEW OF DISCHARGE (3. The Board finds that neither the evidence of record nor that provided by the...
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 | CY2015 | FD-2013-00787
GENERAL: Theapplicantappealsforupgradeofdischarge toHonorable. TheapplicantappearedandtestifiedbeforetheDischarge Review .Board(DRB),withcounsel,viavideoteleconferencebetweenJointBaseAndrews Maryland,andJointBaseSanAntonioTexason22Jun2015. Thefollowingwitnessalsotestifiedontheapplicant's behalf: VanessaCamarena.
AF | DRB | CY2011 | FD-2010-00298
FINDING: The Board denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The record indicates the applicant was discharged following his admission that he had smoked marijuana prior to entering the Air Force and concealed that information on his entrance documents.
AF | DRB | CY2013 | FD-2013-00429_13
GENERAL:Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:TheBoard deniestheupgradeofthedischarge.TheBoardfindsthatneithertheevidenceofrecordnorthatprovidedbytheapplicant substantiates...
AF | DRB | CY2013 | FD-2013-00579
AIR FORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL) GRADEX RECORDREVI x JEFFREY T.HAWKINSADDRESSANDORORGANIZATIONO•COUNSEL1780013THSTSTE108BEALECA93437 GEN UOTHCOTHER DENY xA66.00 A92.21 IORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEW OFDISCHARGE3 LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASETO11IEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPEARANCETAPE RECORDINGOFPERSONALAPPEARANCEHEARINGHEARINGDATE CASENUMBERIOJan2014...
AF | DRB | CY2015 | FD-2014-00665
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorableandtochangethereasonandauthorityforthedischarge. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(ORB),withoutcounsel,at AndrewsAFBonMarch12,2015 Thefollowingadditionalexhibitswere submittedatthe hearing: Exhibit#5:Applicant'sadditionalmedicaldocumentsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00378_13
GENERAL:Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbased ontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:TheBoarddeniestheupgradeofthedischarge.TheBoardfindsthatneithertheevidenceofrecordnorthatprovidedbythe applicant substantiates...
AF | DRB | CY2012 | FD-2012-00201_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOF SERVICEMEMBER(LAST,FIRST MIDDLE L'IJITIAL) GRADEAFSNISSAN x PERSONALAPPEARANCE RECORD REVIEW NAME OFCOUNSELAND ORORGANIZATION(b) (6)ADDRESSANDORORGANIZATIONOFCOUNSEL(b) (6)MEMBERSITTINGHON GEN UOTHCxOTHER DENY ISSUESA92.21A94.55INDEX NUMBERA60.00ORDERAPPOINTING THEBOARDAPPLICATIONFORREVIEW OFDISCHARGELEITEROFNOTIFICATIONBRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITS SUBMITTEDATTIMEOFPERSONALAPPEARANCETAPE...