AIR FORCE DISCHARGE REVIEW BOARD BEARING RECORD

NAME OFSERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSNISSAN

X	RECORD REVIEW
AJ>DRESS AND OR ORGANIZATION OFCOUNS£L

MEMBER SITTING

HON

GEN

UOTHC	OTHER	DENY
x x x
x
x

A92.21

A66.00

1 ORDER APpOINTING rnE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3  LEITER OF NOTIFICATION
4  BRIEF OF PERSONNEL Fll..E COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING  OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

OSSep 2013	FD-2013-00429

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.

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

SECRETARY OFTHE AIR FORCE PERSONNU. COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 15"COMMA.ND DR. EE WING. 3RD FLOOR
ANDREWS AFB, MD 20762-1'01

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00429	

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.
The Board finds that neither the evidence of record nor that provided by the applicant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUE: The record indicates that the applicant was discharged for Misconduct-Drug Abuse. Applicant contends he was struggling with adapting military life and his discharge was the result of improper guidance and counsel from his supervisor and first sergeant. He also stated that each time he sought help he was confronted with indifference, which in turn resulted in him experiencing external stress beyond his ability to cope. The records indicated the applicant received an Article 15 dated 21 October 2008 for wrongful use of marijuana and failure to go to duty on time. According to AFI 36-3208, paragraph 5.54, Misconduct: Drug Abuse, drug use is incompatible with military service and Airman who abuse drugs one or more times are subject to discharge. Drug abuse for the purpose of this regulation is the illegal, wrongful, or improper use, possession, sale, transfer, or introduction onto a military installation of any drug. This includes improper use of prescription medication. The term drug includes any controlled substance in schedules I, II, III, IV, and V of Title 21 U.S.C., Section 812. 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 one year and two 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 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 October 16, 2007) 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.

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.

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