AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEIBER (LAST, Fl RST MIDDLE INITIAL)
(b) (6)	GRADE	AFSNISSAN
(b) (6)	
TYPE GEN	I	PERSONAL     APPEARANCE	x	I	RECORD  REVIEW	
COUNSEL	NAME Of COUNSELANO OR ORGANl7.A'flON	AODRSS AND OR ORGANll.ATION OFCOUl'SEL	
YF.S	N•			
	x			

MEMBER SITTING	VOTE OF THE BOARD	
	HON	GEN	UOTHC	OTHER	DENY	
(b) (6)						x	
						x	
						x	
						x	
						x	
ISSUES	A95.00 A94.57	INDEX  NUMBER
A94.39	EXHIBITS SUBMITTED TO THE BOARD	
		I	ORDER APPOINT ING THE BOARD	 		
		2	APPLJCATION FOR REVIEW OF DISCHARG E	
		3	LETTER OF NOTIFICAT ION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONAL EXllIBITS SUBMITTED AT TTME OF PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE HEARING	
HEARING DATE

10 Mar 2015	CASE NUMBER

FD-2014-00365			
APPLICANT'S ISSUE AND 11lE BOARD'S DECISIONAL RATIOt-IALE ARE DISCUSSED ON 11-IEATTACHED AIR FORCE DISCHARGE  REVIEW BOARD DECISIO'<AL RAnONALE

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.

(b) (6)

 	
tNDORSl:MEN 1	DATE:     3/20/2015	
TO:
SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	
FROM:
SECRETARY OF THE AIR FORCE PERSOXNEL COUNCIL
MR FORCE OISCllARGE REVIEW DOARD 1!\15 COLllAl'D DR. EE Wll'G, 3RD FLOOR ANOR£WS AfB. MU 207,2--7001	
AFHQ FORM  0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00365	

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

The applicant was offered a personal appearance before the Air Force Discharge Review Board (ORB) but declined and requests that the review be completed based on the available 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 applicant submitted no issues contesting 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 DRB, under its responsibility to examine the propriety and equity of an Applicant' s discharge, is authorized to change the characterizat ion 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 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 cited his desire to receive the G.I. Bill benefits as justificat ion for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 13 November 2009) indicating that he understood he must receive an Honorable discharge to receive future educational entitlements. The record indicates that the applicant was discharged  for  Misconduct-Drug  Abuse.  He received a an Article 15 for wrongful use of Marijuana, in addition to a Letter of Reprimand (LOR) for failing to go to appointed place of duty while deployed, an LOR for failing to maintain proper hygiene and being disrespectful to two SNCOs, an LOR for failure to obey lawful order, a Letter of  Counseli ng for failing to shave, and an Article 15 for failing to go to appointed place of duty and being disrespectful to two SNCOs. 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 review of the record , the Board found no evidence to indicate that the applicant did not know right from wrong or that in his four years of service was unaware of the Air Force policy of zero tolerance to drug use; or any evidence to justify an upgrade of the discharge characterization. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade. The Board found the negat ive aspects of the willful misconduct outweighed the  positive  aspects  of  the  applicant's performance and concluded that the discharge was appropriate.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with  the procedura l and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and that 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