AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2013-00388	

GENERAL: The applicant was discharged on 5 Jan 04 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge for Misconduct. The applicant appealed for an upgrade of his discharge characterization to Honorable.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference between Joint Base Andrews, MD, and Joint Base San Antonio-Randolph, TX on 6 Dec 17. A witness was present and testified on the applicant’s behalf. No additional exhibits were submitted at the hearing.

The attached examiner’s brief (provided to applicant only), extracted from available service records, contains pertinent data regarding the circumstances and character of the applicant’s military service.

FINDING: The DRB voted 3 to 2 to deny the applicant’s request to upgrade his discharge characterization to Honorable.

DISCUSSION: The DRB, under its responsibility 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 changes are warranted. If applicable, the board can also change the applicant’s reenlistment eligibility code. 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 determine if the discharge met the pertinent standards of equity and propriety.

The applicant’s record of service included one Article 15 and two Letters of Reprimand. His misconduct included: wrongfully using marijuana multiple times, making a false official statement to a noncommissioned officer, failure to perform assigned duties, and failure to go to assigned place of duty.

The applicant contended the discharge was improper because it was primarily based on hearsay regarding his wrongful use of marijuana. He believed it was unfair, processed too rapidly, and that he was not given a chance to present his side of the story in a fair hearing. He also claimed not to have received adequate assistance from the Area Defense Counsel.

After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for drug use. It noted he admitted to testing positive for marijuana on at least one occasion. Documents in the applicant’s service record indicate that after he received his discharge notification, he consulted with counsel, waived his right to an administrative discharge board hearing, and chose not to submit matters on his behalf. More specifically, the board noted the applicant wrote the following note by hand and signed it: “I have been fully counseled…regarding my rights pertaining to this administrative discharge proceeding.” The board concluded the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.

CONCLUSION: The board majority found insufficient evidence of an inequity or impropriety that would warrant a change to the applicant’s discharge. Therefore, the discharge received by the applicant was deemed to be appropriate and his request was not approved.

The DRB results were approved by the board president on 15 Dec 17. If desired, the applicant can request a list of the board members and their votes by writing to:  SAF/MRBR (CITU), 550-C Street West, Suite 41,	

Randolph AFB, TX 78150-4743.

Attachment: Examiner's Brief