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14 Jan 20 15	FD-201 -00282
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Case heard in Washington. D.C.

Advise applicant of the decision o f the Board, the right to a personal appearance with 1without counsel,and 1he right to subm it a n application to the J\FBCMR.

(b) (6)

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AFll Q FORi\ I 0-2077, JAi   00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECfSIONAL RATIONALE	CASE NUIBER

FD-2014-00282	
GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) but declined and requests that the review be completed based on the available service record.

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

FINDING:  The Board denies the upgrade of the discharge.

ISSUE:  The applicant received a General discharge for Misconduct -Dmg Abuse

The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an Appl icant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted . In reviewi ng 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 completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the perti nent standards of equity and propriety. The Applicant's record of service included four Letters of Reprimand and  tlu·ee Letters  of Counsel ing. Applicants misconduct included : giving statement admitting use of controlled substance while on leave and mak ing false statement about prior drug use on enlistment form; bei ng arrested by civi l ian law enforcement and charged with theft by recei ving, failure to register POV, and havi ng fictitious license plate; failure to mai ntai n do1m room standards; failure to report to duty on time (2x's) and failure to meet timel ine for submitting CDC self-test and URE questions.

The applicant contends there was an impropriety i n his discharge because it was processed with incorrect paperwork. Applicant is stating that the drugs were not  consumed,  and  there was  no  physical  evidence  for any dmg use. He feels that his superiors listed "trend of m isconduct'' as a way to justify discharge. AFI  36- 3208, paragraph 5.54, which states, "Drug abuse is incompati ble with m ilitary service and ainnen who  abuse drugs one or more times are subject to discharge for misconduct. The term "drug'' is also defined broad ly to include not just  illega l  or controlled substances,  but also ..any intoxicating substance, other than  alcohol, that is inhaled, injected, consumed , or introduced into the body in any manner for purposes  of altering mood  or funct ion.'' Add itionall y, the Board found evidence to ind icate that the applicant knew that  his  use  of  a substance used in any way other than the manufactures recommended use was wrongful or improper. After review of the record , the Board found no evidence to ind icate that the applicant did  not  know  righ t  from wrong or that in his three years of service was unaware of the Air Force policy of zero tolerance to drug use. The Board found the negati ve aspects of the wil lfu l misconduct outweighed the positive aspects of the applicant's  perfonnance  and  concluded  that  the discharge  was appropriate.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent wi th the procedural and substan tive requi rements of the discharge regulation , was  withi n the discretion of the discharge authori ty, and that the applicant was provided full administrative due process.

I n view of the foregoing find ings, the Board fu11her concludes that there exists no legal or equitable basis for upgrade of discharge and determi nes the discharge should remai n unchanged.

Attachmen t: Examiner's Brief