AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE JNITIAL)

GRADE

ONAL APPEARANCE

x	RECORD REVIEW
ADDRESS ANO OR ORGAN17.ATION OF COUNSEL

MEMBER   SITTING	HON	GEN	UOTHC	OTHER

DENY
x+• x+• x+• x+•
x+•

A93.0l

A67.30 A66.00

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'SRELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HJ:AIUNG DATE	CASENUMBER

OS Sep 2013	FD-2013-00459

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.

+Narrative Reason
*Reenlistment Code

-

'

. -  ---·- -· --·.  -	--  ---- - - -·-- - . .  . - . .

·- - -  - --- ,-	- -- -	- --	..,.._   - . -- .

'•	:;	>  ,ff" ,   •     •     . • y         " l, •	r -   •	•	J	• •      ,,..	;	,   .,.	•	'  ', ,,.	•	•	'	'	'

TO:

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

FROM:

SECRETARY OF THE AIR fORCE PERSONNEL COUNCIL
AIR FORCE DISOIARGE REVIEW BOARD
1Sl5 COMMAND DR.EEWING,3RD FLOOR
ANDREWS Afll, MD 2m6l-7tol

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00459	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason  and authority for the discharge, and to change the reenlistment code.

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: Upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code are denied.

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  and Commission of a Serious Offense: Other serious Offenses. The applicant wants his discharge upgraded to be able to receive GI  Bill benefits. The record indicates the  applicant was found guilty at a Special Court Martial for the following offenses: absent from duty, with intent to deceive made a false official statement to a Senior Non-Commissioned Officer, and wrongfully using marijuana.  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 three years 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.

Although not specifically stated, applicant contends that he should not be penalized indefinitely for mistakes he made when he was young. The DRB recognized the applicant was 24 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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 March 6, 2006) 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.

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