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06 Feb 20 15	FD-2014-00473
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Case heard in Washington, D.C.

Advise appl ican1 of the decision of the Roard. the right to a person al appearance wi t h/ without counsel. and the right to submit an appl ication to t he A FRCM R .

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

AIR FORCE DISCHA RGE R EVIEW BOARD DECISIONAL RATlONA LE	CASE NUl\IBER

FD-2014-00473	

GENERA L:  The applicant appea ls for upgrade of discharge to Honorable.

The applicant was offered a persona l 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 perti nent data on the applicant and the factors lead ing to the discharge.

FINDING: The Board denies the upgrade of the discharge.

ISSUE: The applicant recei ved 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 characteri zation of service and the reason for discharge if such change is warranted.  In reviewing discharges, the Board presumes regulari ty i n the conduct of govenunental affairs unless there is substantia l cred ible evidence to rebut the presumption , to include evidence submitted by the applicant. The Board completed a thorough review of the ci rcu mstances that led to the d ischarge and the discharge process to ensure the discharge met the perti nent standards of equity and propriety.  The Applicant" s record of service included an Article 15 for usi ng marijuana.

The applicant stated he was tol d that he would be eligible for an upgrade six mon ths after his discharge date.
The Board noted the issue was common resul t of miscom m u nication , at the time of d ischarge, when applicant's are briefed that thei r discharge will automaticall y be upgraded after six months. W hi le a
discharge may be upgraded after six months, the upgrade is by no means automatic.  A discha rge is upgraded only if the appl ican t and the Board can establish that an inequi ty or im propriety 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 zation, reason for the discharge or the reenl i stment code.

CONCLUS ION: The Discharge Review Board concludes that the discharge was consistent wi th the procedura l  and  substanti ve  req uirements  of the  discharge  regulation , was  within  the  discretion  of the d ischarge authori ty, and that the applican t was provided full administrati ve due process.

In view of the foregoing find ings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determines the d ischarge should rema i n unchanged.

Attachmen t:
Exa miner's Brief