AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

PERSONAL  APPEARANCE

x	RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITIING

HON

GEN	UOTHC

OTHER	DENY
x x x x
x

A92.21

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 TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE  HEARING

HEARING DATE	CASE NUMBER

OS Feb 2014	FD-2013-00665

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.

TO:

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

SECRETARY or TI:IE AIR FORCE PERSONNEL COUNOL AIR FORCE DISCHARGE REVUW BOARD 1535COMMAND DR,EE WING, JRD FLOOR
ANDREWS AfB. MD 2076? 7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00665	

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.

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

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that he would like an upgrade so that he can move on with his life. The record shows that the applicant received one Article 15 for use of D-Amphetamine and one Letter of Reprimand for use of marijuana during technical school. He identified as using D-Amphetamine through a random urinalysis and admitted to the marijuana use during the investigation. 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 five 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 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.

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 February 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