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NAME OF SE:RV ICE MEMR•'R (LAST, -IRST MIODL.E INITIAL)	GRADE
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TYPE   GEN	x	I	PERSONAL   APPEARANCE	I	RECORD   REVIEW
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2 APPi.JCATION FOR REVIEW OF DISCHARGE
3	LETI'ER OF NOTIFICATION
4	RRIEF OF PERSONNEL FILE
C'OlJ"ISf:l.'S RELEA._E TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PF.RSONAL APPF.ARANC'E
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03 Mar 2016	FD-2014-00540
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Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/withou t counsel, and the right to submit an application to the AFBCMR.

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RANDOLPH AFB, TX 78150-4742	ANDUW$    AF8,'10207'l-1111

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2014-00540	

GENERAL: The applicant appeals for upgrade of discharge characterization 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 (ORB) 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 finds insufficient evidence of an inequity or impropriety that would warrant a change to the  applicant's discharge.

DISCUSSION: 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 four Letters of Reprimand, and two Letters of Counseling. His misconduct included failing to return to duty after a medical appointment and failing to contact leadership on the reason why, failing to adhere to dress and appearance standards (2x), lying to an Noncomm ission officer reflecting blatant lack of integrity, speeding while operating a government owned vehicle, and admitting the use of marijuana and spice.

The applicant contends that his one-time use of marijuana and spice did not warrant a General discharge. He claims that he was highly intoxicated when he was tricked into the use of the marijuana by his peers. And the time he used spice, it was not considered illegal by the Air Force until June 2010.  After review of the record, the Board found no evidence to indicate that the applicant 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.

A discharge is upgraded only if it is established 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 jus tify an upgrade of the discharge characterization, change the reason for the discharge, and 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