AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

x	PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORCANIL'ITJON

RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC	OTHER	DENY
x

X*

x
x

ISSUES

AOl.57

INDEX NUMBER

A66.00

X*

1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVCEW OF DISCHARGE
3	LEITER 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

11 Jul 2013	FD-2013-00160

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.

*Change Narrative Reason and Authority to Secretarial Authority

.•

TO:

SAF/MRBR
550 CSTREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SOCRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE RE\1EW BOARD
JSJS COMMAND DR, EE WING,3RD FLOOR ANDREWS AFB, MD 2076!.-1001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

CASE NUMBER

FD-2013-00160

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Andrews AFB on 11 Jul 2013.

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 improper because it was based on an invalid urinalysis.  The records indicated that upon arrival to the rehabilitation facility in March 2012, the applicant was found to be positive for marijuana, opiates and oxycodone.  He states that he never used marijuana.  He believes his urine sample was mixed up at the rehabilitation facility causing the positive results.  During the course of the hearing, the applicant admitted to the use of both the opiates and oxycodone, however stated these were medications prescribed to him before and after surgery for pain.  His medical records did support that he had been prescribed pain medications.  However, after a complete and thorough review of the records and consideration of the testimony provided by the applicant, the Board found no evidence to support the applicant's contention that his urine sample was somehow mixed up at the rehabilitation facility.  At the time of discharge, the applicant did not exercise his right to respond to the discharge nor contest the findings of  the urinalysis. The Board found no evidence to indicate that the applicant did not know right from wrong or that in his five years and four 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