R SITTING	HON	GEN	UOTHC	OTHER	DENY	
					X*	
					X*	
					X*	
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		ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LEITER OF NOTIFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL  APPEARANCE HEARING	
HEARING DATE

lO Jan 2014	CASE NUAJ8ER

FD-2013-00632			

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 and Authority	

SECRETARY OFTHE AIR FORCE PERSONNl!L COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1S3S COMMAND DR, EE WING,JRD FLOOR ANDREWS AFB,MD 20762-7001	
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742		

MBER

A66.00

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE 1\fEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSNISSAN

PERSONAL APPEARANCE

X

RECORD REVIEW

ADDRESS AND OR ORGANIZATIQ,"I OP COUNSEL

MEMBE

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00632	

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

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 request for the upgrade of the discharge  and to change the reason  and authority for discharge is denied.

ISSUE:  Applicant received a General discharge for Misconduct -Drug Abuse

Applicant contends discharge was inequitable because it was too harsh and does not give a true reflection of his service. The record indicates that the applicant received an Article 15 for the use of Spice on several occasions. In his application to the Board, the applicant states his Spice use was a result of his Post Traumatic Stress Disorder (PTSD). He then states he used Spice unknowingly. In his response to the discharge he took full responsibility for his misjudgment regarding the Spice use. After review of the record, the Board found no evidence to indicate that the applicant's use of Spice was related to his PTSD, nor did the Board find evidence that he did not know right from wrong or that in his five years and three 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
5 December 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.

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