AJR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
A.\IE OF SERVICE MEl\IBER (LAST, FIRST i\llDDLE INITIA L)	GR1\ 0E	,FSN/SS1\N
(b) (6)	(b) (6)
TY Pt:: GE	I	PERSONAL   APPEARAN CE			x	I	RECORD   REVIEW
COUNSEL	NA I E OP COl' S:t t.ANDOR ORG \NIZAT I ON	A00Rt SS AO OR  ORCANt7  \TIONOt' (OllSEL
YCS	Nt
x
VOTEOFTl-IF. llOA RO
M EMBER SITTIN G	llON	OCN	UOTllC'	OTHER	DENY
(b) (6)	x *+
x *+ X *+

ISStlf.S	A94.SS	INOt:'\ 1'\'Ui\IHt:K	A66.00	t:XlllBITS SUBMITTEDTO TllE UOARD
J   ORDER APPOINTING 11 1E BOARD
2   Al)PLIC'ATION FOR REVIEW OF DIS(IIARGE
3   l.ETrER OF NOTIFIC'/\TION
4  13Rll F OF PERSONNEL FILE COUNSEL'S RELEASE TO lllE BOARD
AODITIONAL EXHIBITS SUUMnl F.D A'I  l'IME OF
PERSONAL /\ PPE/\R/\NCE

X *+
x *+

TAPE RECORDING OF PERSONAL A PPEARANCE HEARING

tH:.ARINC D'"\TI:	CASf.   NDIBr.R

26  Feb 2015	FD-2014-0050 I
APPLICANT'S ISSl•E A'D TllE BOARD'S DECISIONAi .RATIONAl .E AKf·Ul(ll,>tD ON'I !IEArrAClll DAIR WRCE DL5('flARGE REVIEW fl<)ARD DEC1'10NL 1\/\11())\Al.E.

Case heard  i n  Wash ington. D.C.

Advise appl icant  of the decision of the Board , the right to a personal  appearance with/without counsel, and  the right  to submit a n appl ication  to the  A FBCMR.

*Narrati ve
+RE Code

(b) (6)	-

-
TO:	FROM :
SAF/MRBR	StC'llE r.-\IH. Of"TllE .-\In FOllCf; PERSONNEi... C.Ol '"\CIL

550 (' Sl RFFl  wi=sr,Sl11'11'..10

A I R FORCf. DISCl lARCF. Rt:\'11:\\  llOARO
1:'.l COM,\ l.\SO DR,t:- f. \\ l:!"G.JRO fl.OQlt

R/\NDOLPll /\FB,TX 78 150--1742	ANDRE\\S .\ t:B. /\ 10 10762·7001

AFIJ Q FORM 0-2077, JAN 00	(EF-Y2)	Previous

AIR FORCE DISCHARGE REVI EW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00501	

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

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 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 standard s of equity and propriety. The Applicant's record of service included two A1ticle 15's for using marijuana and unlawfully punched and kicked an A IC in the head.

The member contends that he was not willingl y use marijuana. He stated that his brother gave him a cigar and unbeknownst to him laced with the drug. The Board found no evidence to suppo1t the applicant 's claims. A discharge is upgraded only if the appl icant and the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the records, the Board found no evidence to warrant an upgrade of the discharge characterization.

CONCLUSION: The Discharge Review Board concludes that the discharge  was  consistent  with  the procedural and substantive requi rements of the discharge regulation,  was  within  the  discretion  of  the discharge authority, and that the applicant was provided  full administrati ve due process.

In view of the foregoing find ings, the Board fu1ther concludes that there exists no legal or equitable basis for upgrade of discharge and detennines the discharge should remain unchanged.

Attachment: Exami ner's Brief