AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEM BER (LAST, FIRST MIDDLE lNITIAL)

GRADE

AFSN/SSAN

COUNSEL
1--   -----1
YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

X	RECORD REVIEW
ADDRESS AND OR ORGANIZAT I ON OF COUNSEL

VOTE OF THE BOARD

MEMBER SITTING

HON	GEN	UOTHC

x

OTHER

DENY

x x

ISSUES

A94.56

INDEX NUMBER	A66.00

x
x
EXHIBITS SUBMITTED TO THE BOARD

1 ORDER APPOfNT!NG THE BOARD
2	APPLICATION FOR REVIEW OF DlSCHARG E
3	LETTER OF NOT!FICA TION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIM E OF PERSONAL APPEARANC E
TAPE RECORDfNG OF PERSONAL APPEARANC E HEARING

HEARING  DATE	CASE NUMBER

19 Feb 2015

FD-2014-00444

APPLICANT'S ISSUE AND THE BOARD 'S DECISIONAL RATIONALE ARE DISCUSSED ON THE 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.

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH  AFB, TX 78150-4742

INDORSEMENT	DATE:   3/19/2015
FROM :
SECRETARY OF THE AIR FORCE PERSONNEL COU NCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND  DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00444	

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 discharge is upgraded to General.

The Board finds evidence in the record to substantiate an impropriety that would justify a change in the discharge. Therefore, for the reasons specified below, the Board grants an upgrade of the  applicant's 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 was incomplete.

Applicant contends that the basis for discharge was an isolated incident that he disputes ever happened.  The record indicates the applicant received a Under other than Honorable discharge from the Air Force Reserve for Misconduct:  Drug Abuse.  Upon review of the record , the Board was unable to find any documentation regarding the discharge.  Due to lack of evidence and supporting documentation to explain the discharge, the Board concludes that the alleged misconduct was a significant departure from the conduct expected of all military members.  The Board relies on the presumption of regularity and finds the characterization was not appropriate, normally a discharge for single use of marijuana would receive a General characterization therefore a UOTHC is harsh according to the current standards.

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 .

In view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by a General discharge under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief