AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE

PERSONAL APPEARAN CE

x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION Of COUNSEL

ISSUES

AOl.07

INDEX NUMBER

A66.00

HON

OEN

UOTHC	OTHER

DENY
x x x x
x

A70.13
1	
ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTlFICATION
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

-· -	- -	-   -	---	----- ...------

01 May 2014	FD-2014-00064
•	• •	•	4	•• t
.	-	.
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:

SAFIMRBR
550 CSTREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

YllOM:

SECRETARY or TIIE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCllARCE REVIEW BOARD 15)5COMMAND DR,EE WING, JRD FLOOB ANDREWSAFB, MD 20761-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00064	

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 following additional matters was submitted at the hearing: ADC Memorandum, dated July 17, 2013

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The DRB 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. Therefore, the Board denies the upgrade of the discharge.

ISSUE: The applicant received a general discharger for Misconduct - Drug Abuse.

The applicant contends that his discharge was improper because the urinalysis process was illegal, through his prior Area Defense Counsel, he claims the commander who ordered the urinalysis was not on G-Series Orders; thus the order to submit to a urinalysis was not a lawful order. He further contends that he was not provided due process because he was just administratively discharged. The record indicates the applicant received a Letter of Reprimand for wrongful use of MDA (Methamphetamines). The applicant was identified during a unit sweep conducted on September 4, 2012. After review of the record, the DRB found no evidence that the unit sweet was performed improperly. Also, there is 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 zero tolerance policy to drug use. The Board also determined that the applicant was given the opportunity for due process when he was provided the opportunity to submit matters to the separation authority. 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.

Also, the applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The Board noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on June 1, 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