AIR FORCE DISCHARGE REVIEW BOARD H EARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE lNITlAL)	GRADE
(b)(6)
TYPE GEN	I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION or COUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	X +*

X +*

X +* X +*

rssui::s	A94.53	INDEX NUMOER	A66.00	EXHIBITS SUBMITIED TO THE BOARD
I ORDER APPOINTING THE BOARD
2	APPLJCATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICAT ION
4	BRIEF OF PERSONNEL FJLE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHfBITS SUBMITTED AT TfME OF PERSONAL APPEARANCE

X +*

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

UEARING DATE	CASE NUMBER

23 Jul 2015	FD-2014-00401
APPUCANT'S ISSUE AND 1lfEBOAIU»S DECISIONAL RATIONALE ARE DISCUSSED ON n1E ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

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.

+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
* CHA  GE RE CODE
(b)(6)

INOORSEMENT	DATE:  712412015
TO:	FROM :
SAF/MR.BR	SECRETARY OFTHBAJR FORCE PERSONNEL COUNCii..
AIR FORCE DISCHARGE RtVI.EW BOARD
550 C STREET WEST, SUITE 40	IS3S COMMAND DR.EE WING, JRD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFll.MD 20762-7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2014-00401	

GENERAL: The applicant appeals for upgrade of discharge to Honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

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 denies the upgrade of the discharge. The change of reason and authority for discharge and change of reenlistment code are denied.

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 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 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's record of service included one Article 15 and one Letter of Reprimand. Her misconduct included failure to go to duty on time on divers occasions; and possessing and using an intoxicating substance, known as "Spice".

The applicant submitted no issues regarding the inequity or impropriety of her discharge. The record indicates that the applicant was discharged for Misconduct-Drug Abuse. She received an Article 15 for knowingly possessing and using Spice. The applicant admitted that she had used the substance prior, but not regularly. Statements in the record provided by the applicant suggest that after learning that others were being discharged for spice, she chose to purchase the substance to initiate disciplinary actions. After review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in one year of service was unaware of the Air Force policy of zero tolerance to drug use. The Board found the negative aspects of the willful misconduct outweighed the positive aspects of the applicant 's performance and concluded that the discharge was appropriate.

The applicant does submit that she believes she would like a second chance despite her discrepancies so that she may serve her country in the United States Air Force or another branch in the United States Armed Forces. The Board opined that through the administrative actions taken,  the applicant had ample opportunities to change her behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. 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 no evidence to justify an upgrade of the discharge characterization , reason for the discharge or the reenlistment code.	

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural 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