AI R FORCE DISCHARGE REVIEW BOA RO H EA RI NG RECORD
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ISSUES

A66.00

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EXJllBITS SUBMITTED TO THE BOARD
I ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4 BRIEF OF PERSON'IEL FILE COUNSEL'S RI-LEASE TOTHE BOARD
ADDI rlONAL l'.XI llBITS SUB\.11TIED AT TL\1EOF PERSONAL APPtARA '\CC
TAP!: RECORDING OF PERSONAL APPEARANCE HEARING

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14 Apr 2015

FD-2014-00310

APPLICAATS ISSUE A. D THE DOUU> SOECISIOSAL RATIOMLEARE DISCUSSED ON THE ATTACHEDAIR FORCE DISCHARGE R.EVlE\I BOARD DECISIOML RATIOSAL£

Case heard in Washi ngton. D.C.

Advise applicant of the decision of the Board. the right to a personal appearance w ith/wi thout counsel, and the right to subm it an application to the A FBCM R.

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASI:: Nl' IHER

FD-2014-00310	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

The appl icant was offered a personal  appearance before the Discharge Review Board (DRB) but declined and requests that the review be completed based on the avai lable service record.

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

FINDING :   The Board denies the upgrade of the discharge.

The Board finds the appl icant submitted no issues contesti ng the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

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

The Air Force Discharge Review Board , under its responsi bility to examine the propriety and equity of an A pplicant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. ln reviewi ng discharges, the Board presumes regularity in the conduct of governmenta l affa i rs unless there is substan tial credible evidence to rebut the presum ption, to include evidence subm itted 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 incl uded one A rt icle 15 recei ved for usi ng marijuana.

The appl icant cited his desire to recei ve the G.I. Bil l benefits  as justification  for upgrade.  The OR B noted that when the appl icant applied for these benefi ts, he signed a statement  (DD Fonn  2366, on November  6, 2008) that he understood he must recei ve an Honorable discharge to recei ve future educational ent itlements. The Board  was sympathetic to the im pact from the loss of these benefi ts to the appl icant; however, this is not a matter of inequit y or impropriety which would warran t an upgrade. After review of the record, the Board found no evidence to indicate that the appl ican t 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 willfu l miscond uct outweighed the posi tive aspects of the appl icant"s  performance  and concluded that the discharge was appropriate.  A  d ischarge is upgraded  only i f the appl icant  and  the Board can establish that an ineq ui ty or impropriety took place at the time of discharge. After a thorough  review of the record , the Board  found  no evidence to justi fy an upgrade of the discharge characteri zat ion.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive req uirements of the discharge regulation , was within the d iscret ion of the discharge authority, and that the appl icant was provided full administrati ve due process.

In view of the foregoing find ings, the Board fu11her concludes that there exists no lega l or equitable basis for upgrade of discharge and  detennines the discharge should  rema i n unchanged.

Attachment: Exam iner's Brief