AIR FORCE DISCHARGE REVI EW BOARD HEARING RECORD
NAME OFSERVJCE MEMBER (LAST,FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
(b) (6)	(b) (6)

I

TYPE GEN	I	PERSONAL  APPEARANCE	x	RECORD  REVIEW
COUNSEi.	NAfE Of COUl'ISEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
x
VOTE OFTHE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
,_
x
,_
x
,_
x
,_
x

ISSUES	A94.53	INDEX ll'UMBER	A94.40	EXHIBITSSUBMIITEOTOTHE BOARD
I ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OFDISCHARGE
3 LETIER OFNOTIFICATION
4 BRIEFOFPERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTEDATTIMEOF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

l  lEAR INCO,\T!;	CASE NUMBER

19 Feb 2015	FD-2014-00262
APPLICANTS ISSUE A!\'DTHE BOARD'S DECISIONAL RATIOSALE AREDISCUSSEDONlHE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

Case heard in Washington, D.C.

Advise appl icant 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.

.(b) (6)

INDORSEMENT	DATE: 2126/2015
TO:	FROM:
!:>AF/MRBR	SECRETARY OFTllEAIR FORCE PERSONNl:L COUNCIL

550 cSTREET WEST, sum; 40

AIR FORCE DISCHARGE REVIEW BOARD
1$..lS COM1\1J\D OR, [£\Vlr\G, 3RO f'l.-00

RANDOLPHAFB,TX78150-4742	ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00262	

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 grants the requested relief.
The Board finds that neither the evidence of record nor that provided by applicant substantiates an inequity. However, upon a close review of the record, the Board discovered that the discharge was improper in that it was inconsistent with the procedura l and substantive requirements of the discharge regulation; therefore, the board grants the applicant's requests and upgrades the discharge characterization and changes the reason and authority for discharge.

ISSUE: The applicant received a General 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 characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmenta l affairs unless there is substantial credible evidence to rebut the  presumption,  to  include evidence submitted by the applicant. The Board completed 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 submitted no issues regarding the inequity or impropriety of his discharge. He cited his desire to receive the G.I. Bill benefits and to be proud of his service to his country asjustification for upgrade. The record indicates that the applicant was discharged for Misconduct -Drug Abuse. He received an Article 15 for wrongful use of over the counter cough suppressant in a manner contrary to his intended medical purpose.
Additionally, the record indicates the applicant had two Letters of Reprimand (LOR) for failure to obey a lawful order, an LOR and a Letter of Counseling (LOC) for dereliction of duty and an LOR for
failure to maintain hygiene.  The record shows that the applicant was identified by a fellow Airman, who notified their supervisor of the applicant's drug use.  The applicant admitted to "robotripping," using an over-the-counter medication to achieve a high, on several occasions.  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 seven months of service was unaware of the Air Force policy of zero tolerance to drug 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 notification was improper, thus, denying the applicant full administrative due process.  Given this finding, the Board grants an upgrade of the discharge characterization and change the narrative reason for discharge to Secretarial Authority .

CONCLUSION: The Discharge Review Board concludes that the discharge was inconsistent with the procedural and substantive requirements of the discharge regulation and finds the applicant was not provided full administrative due process.