A IR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
Ai\'1£ OF SER V ICE 1V1t i\'lllEH (LAST, FIRST l\llOOLE IN ITIAL)	GRf\ OE
(b)(6)
TYPE GEN	I	PERSONA L APPEARANCE	x	I	RECORD REVIEW
COUNSEL	NAME or COL1NSEL ANO OR ORCANl7JITION	AllllRESS ANO OR ORGANI ZATION Of' COUNSEL
\'ES	No
x
VOTE Of THE BOARD
MEMBER SITTING	llON	G EN	UOHI\	OTllER	DENY
(b)(6)	x

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x
x
ISSUES	A94.53	l  OEX ND16lR	A 66.00	EX Ill BITS S\JBMITl'EO TO Till<: BOA RD
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2	APPLICATION FOR REVIEW OF OISCllARGE
3	LFITER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
A DDITIONA L EXHIBITS SUBMITIED AT Tl IE OF PERSONAL A PPEAHANCE
TA PE RECORDING OF PERSONAL APPEARANCE IIEA HING

ll A RINC DATE	f ASf Nll llU:R

30 Apr 2015	FD-2013-00392
APPUC,\Nl S ISSLIE A'IDTliE BOARD'S DECISIONAL RATIONAl.F ARF DISCIISSEJ) ON Tl IF A'llACllEO AlR FORCE OISCI IARGE Rl,\Vll'W BOAP.0 OECISl()'l,\ L RATIO AI E

Case heard i n Washing1on , D.C.

Advise appl icant of the decision of the Board, the righ t to a personal appearance with/without counsel, and the righ t to submi t an appl icat ion to the AFBCMR.

(b)(6)

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00392	

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 perti nent data on the applicant and the factors leading to the discharge.

FINDING:  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 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 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 pertinent standards of equity and propriety . The applicant's record of service included two Article l Ss for marijuana use.

The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that since being discharged he has matured and that an upgrade is critical for his success in life. The Board reviewed the entire record and found the discharge was appropriate for the reasons listed. The Board found no evidence to indicate that the applicant was unaware of the Air Force policy of zero tolerance to drug use. The Board found the seriousness of drug abuse affords the commander the authority  to pursue administrative discharge to uphold good order and discipline. 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. 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.

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.

Inview 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