AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSNISSAN

PERSONAL  APPEARANCE	X	RECORD REVIEW

ADDRESS AND OR ORGANIZATION OFCOUNSEL

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MEMBER SITTING

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HON	GEN	UOTHC
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OTHER

DENY

x

ISSUES

A94.06

INDEX NUMBER

A66.00

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

HEARING DATE	CASE NUMBER

04 Sep 2014	FD-2014-00224
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Case heard in Washington, D.C.

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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.

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

SECRETARV OFTHE AIR FORCE PERSONNE L COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535COMMAND DR,EE WING, 3RD FLOOR
ANDREWS Afll,MD 20762 7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00224	

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 discharge is upgraded to general.
The Board finds that after a thorough review of the record, the Board was unable to identify anything that would justify an upgrade to honorable. However, based upon the record, the Board finds the applicant's service characterization inequitable.

ISSUE: Applicant received an Under Other Than Honorable Conditions discharge for Misconduct: Drug Abuse.

The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an Applicant's discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant. The Board did complete a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The Applicant's record of service included two Article 15s. His misconduct included the wrongful use of marijuana on divers occasions between 1 December 2012 and 25 March 2013.

Applicant submitted that his discharge was inequitable because his discharge characterization was unfair and in no way was it a reflection of his service while on active duty. The applicant does submit that he received no negative ratings on his performance reports and besides the marijuana use, he caused no trouble. The Board found that the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  However, the Board reviewed the entire record and found that the service characterization the applicant received was harsher than usual for marijuana use.

A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the record, the Board found the discharge should be upgraded to general.

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.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by an Under honorable Conditions (General) service characterization under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief