AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

PERSONAL  APPEARANCE

x	RECORD REVIEW
ADDRESS AND OR ORCANIZATION OF COUNSEL

MEMBER SITf ING

HON	GEN

UOTIIC	OTHER	DENY
x x x x x

ISSUES

A93.23 A94.53
A93.17

INDEX NUMBER

A66.00

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

HEARING DATE	CASE NUMBER

17 Oct 2013	FD-2013-00580

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SAF/MRBR		-	.	-' -.- - -. . " .
FROM:
SECRETARY Of1TI1£ AIR FORCE PERSONNEL COUNOL	
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	AIR FORCE DISCHARGE REVIEW BOARD
1m COMMAND DR,EE WINC, JRD JiLOOR ANDREWS AFB,MD 20762-7001	

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.

 	 	 

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2013-00580	

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 wants his discharge upgraded to Honorable to eligible to receive GI Bill benefits. The applicant also stated that he has nightmares about different missions he was on and witnessed. He further states that VA provides him with medication, but he feels that he is entitled to some kind of compensation. He also stated that his PTSD was not induced by drugs, but by mission related experiences that caused the schizophrenia to surface. Medical note attached states "unsure if presenting symptoms were caused by drug  use  intoxication  or primary psychosis. The Board also reviewed the applicant's medical records and  found  no  evidence  to suggest the applicant was having any problems prior to his use of Spice. The record indicates that between on or about 1 September 2011 and on or about 21 October 2011, he wrongfully used Spice, an herbal mixture containing a form of synthetic THC, the active ingredient in 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 two years and six 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 September 4, 2009) 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