AIR FORCE DISCHARGE  REVIEW  BOARD  H EARI N G  RECORD
NAME OF SERVICE MEMl)ER (LAST, l'IRST MIDDLE INITIAL)	GRADE
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TYPE GE1	I	PERSON AL A PPEARA:'llCE	x	RECORD   REVIEW
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VOTE Of THE BOARD
MEM BER  SllTING	HON	GE	UOTHC	OTHER	DEl'.'Y
{b)(6)	x
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ISSUES	A94.53	INOt:X NUMBER	A66.00	EXlllBITS SUBMITTED TO TUE BOARD
I ORDl:.R APPOINTING nIt BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S R£LEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPCARA'ICE
fAPE RJ:.COKOI NCJ O Pl:.RSO AL APPEARANCE llEAR!NG
I
I HCARl\'G DATE	CASE J\LMBER
1 16 Apr 2015	f D-20 12-00605
AJ'PUCA.'\TS ISSUE AND Tit llQo\llO DlCISIONAL RAOOl'>ALtAJU: DISC\IS5ED ON TIIE ATTACKED AIR fOll.Ct:	OI! IU!VIEW 80AJU> DECISIO:.AL IVITIONALE.

Case heard in Wash ington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an appl ication to the A FBCMR.

{b)(6)

INOORSEMEJ'ff	DATE: 412712015
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RANDOLPll AFB, TX 78150-4742	A   DR£\\    At'B. MD 20762-70tl

Af HQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW  BOARD DECISIONAL RATIONALE	CASE NU1\IBER

FD-2012-00605	

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.

FINDI NG : The Board denies the upgrade of the discharge.

ISSUE:  The applicant received a General discharge for Misconduct -Drug Abuse

The Air Force Discharge Review Board, under its responsi bi l ity to examine the propriety and equity of an Applicant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption , to include evidence submitted by the applicant. The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the perti nent standards of equity and propriety. The applicant 's record of service included one Article 15 and three Letters of Counseling for using spice on divers occasions; departing workplace without authority; failing fitness assessment and failing to go to duty on time.

The applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant does submit that he believes an upgrade would make him better qualified for future jobs and careers.  He cited his desire to receive the G.I. Bill benefits as justification  for upgrade. The DRB noted that when the applicant applied for these benefi ts, he signed a statement (DD Form 2366, on July 7, 2009) that he understood he
must receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade.

A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge characterization, reason for the discharge or the reenlistment code.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation , was within the discretion of the discharge authority. and that the applicant was provided full administrative due process.

In view of the foregoing find ings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remai n unchanged.

Attachment: Exami ner's Brief