AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSNISSAN

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC	OTHER	DENY
x x x x
x

ISSUES

A92.35 A92.0l A93.09

INDEX NllMBER

A66.00

1 ORDER APPOINTIN G THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTlFICA TION
4 BRIEF OF PERSONNEL FlLE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NllMBER

27 Feb 2014	FD-2013-00742

.	. --- - -·---------- --- ..-· ---

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.

1'0:

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

SECRETARY or TIIE AIR FORCE PllASONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD LS35COMMAND DR,EE WING, JRD FLOOR
ANDR&WS AFB, MD 20761-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00742	

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.
e:·	.
FINDING:  The Board denies the upgrade of the discharge.

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

Applicant contends discharge was inequitable because it was based on an isolated incident. He also states  that the drug use was based on problems with his spouse and he believes he would have a better chance to become an EMT with an upgrade.   The record indicates that the applicant pled guilty and was convicted under a Special Court Martial for use of cocaine.  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 five years 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
December 19, 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