AJR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST Ml DOLE IN IT"IAL)
(b)(6)	GRADE	
TYPE GE	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW	
COIJNSEL:	NAME or COUNSEL AND OR ORGAN17- TION	ADDRESS AND OR ORCANIZATION OF COUNSEi,.	
YES	No			
	x			

MEMBER SITTI  G	VOTE OF THE BOARD	
	HON	GEN	UOTHC	OTllER	DENY	
(b)(6)						x	
						x	
						x	
						x	
						x	
ISSUES	A94.53	11''0£;\ NU)18£R
A66.00	EXHIBITS SUBMI1TED TO THE BOARD	
		1	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR R EVIEW OF OISC'llARGE	
		3	LETTER OF NOTIFICAT ION	
		4	BR IEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONA L EXHIBITS SUBMITTED /\TTIME OF PERSONAL  APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE HEARING	

IIEARl1'1C DATE

24 Apr 2015	CASE NUMBER

FD-2014-00513			
APPLICANTS ISSUEAND THE BOARD s DECISIONAL RATIONALEARE DISCUSSED ONTHE ATTACHED AIR FORCEDISCHARGE REVI   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.	
(b)(6)	(b)(6)	
INDORSEMENT	DATE: 4128/2015	

TO:
SAF/MR.BR
550 C STREET WEST, SUITE 40
RANDOLPH AFB.TX 78150-4742
'	
FROI:
SECR£TARVOf" i11£ AIR FORCE PCRSONNCL COUN'CI L
AIR FORCE DISOlARCE REVIEW BOARD 1535 CO.\L'\'1/-\.i   O Dft1 U:\Vl.NC,3RO fLOOR ANOIU:WS  AfB.MD 2'762-7001	
AFHQ FORNI 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00513	

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 Board denies the upgrade of the 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 autho1ized 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 presumpt ion,  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 a Summary Court Martial for wrongfully using spice.

The applicant submitted no issues regarding the inequ ity or impropriety of his discharge.  The applicant stated that he would like to have his characterization upgraded to reflect a clean record .   He contends his integrity was never an issue and feels he deserves an upgrade because of his continued honesty and participation with OSI.  The record shows that the applicant was identified as smoking spice by his own admittance along with several witness testimonies to OSI.  Notwithstanding the applicant's partici pation and honesty against those that violated the UCMJ, the Board found the seriousness of drug abuse affords the commander the authority to pursue administrative discharge to uphold good order and discipline, regardless of whether or not the member has an otherwise clear record.  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 Board commends the applicant for taking responsibility for his actions.   However, 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 .

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