AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
Nt\\1£ 0F ERV ICE ME.'\18ER (LAST. FIR T '\llOOLE l  ITIAL)	CRAO£	AF  :-;  SA
(b)(6)	(b)(6)
TYPE GEN	I	PERSONAL    APPEARANCE	x	I	RECORD  REVIEW
COl!'.SlL	'IAME OF COUNSEL AXO OR ORCASl/.;\1 IOS	\OORESS MD OR ORCANl7.i\TIO,\' Ot'(Ol 'SEL
n:s	No
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M EM BER SITTING	HO\!	C.EN	IJOTll\	OTHER	DENY
(b)(6)	*	x
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*	x
ISSCES	A94.05	f\;OE- 1't.:\i8ER	A66.00	EXHIBITS Sl:B\tlTTF.D TO lUE BOARD      	
1 ORDER APPOINTING Tllf OOARD
2	APPLICATION FOR REVIC\\' or DISCHARGE
3	LETTER OF NOTlflCATIO
4	BRIEF OF PERS01"'<EL FILF COUNSEL'S RELE1\St 10 111£. BOARD
ADDITIONAL EXHIBI rs SUOM I rTED AT TIME OF
PERSONAL  APPE/\RANCI·
TAPE RECORDING or l'l;RSONAL APPEARANCE l lEA R ING
llEARISC DATE	CASE  Nl''IBt'R

26 Mar 2015	FD-2014-00550
J\l'PUCJ\NT"S ISSUC ....._OntEOOARD'S DECISICt<ALRATIO' All: ARI> DISCUSSID OSTHEATTACll£0 AIR IQRCl' DISCHAAC£REVl£WOOAJl.D DOCl5l0'1Al RATIO'IAli

Case heard in Washington. D.C.

Advise applicant of the decision of the Board, the right to a persona l appearance with/without counsel, and the right to submit an application to the AFBCMR.

*Change of narrative reason

(b)(6)

INOORSEMENT	OA'rt.:  3130/20 15
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Si\r/MRBR	SECRETARY OFTllEAIR  'OR< t:rERSO:>NEL COlf.\CIL
AIR FORCE DISCHARGE R1 v1:t w 80 \RO
550  STREET WEST.	E 40	1!'.15 COl)L\'.\O DR. EE \\ INC.JRD  Fl,OOR
RANDOLPH AFB, TX 78150-4742	A-"DREWS AFB.'ID 20762-7001

AFHQ  FORl\1 0-2077, JA".\\  00	(EF-V2)	Previou

AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBE R

FD-2014-00550	

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, but grants change of reason and authority for discharge.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the  record  and  evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable.

ISSUE:  The applicant received  a General  discharge for Misconduct -Drug Abuse

The Air Force Discharge Review  Board, under i ts 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 perti nent standards of equity and propriety. The applicant's record of service included one Letter of Reprimand  for  wrongful  use  of marijuana .	
The applicant contends that he should not be penalized indefinitely for a one time admitted mistake he made
when he was young.  The DRB recognized the applicant was 22 years of age when the discharge took place. However, there is no evidence he was immature or unaware of his responsibilities.  The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct and understand the Air Force has a zero tolerance policy for drug use.  The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.  The record indicates that the applicant was discharged for Misconduct-Drug Abuse.   He received a Letter of Reprimand for wrongful use of marijuana.  The applicant admitted to smoking once while on leave prior to reporting to his first duty station.  The record indicated he did not have prior or subsequent use.  Due to the applicants own admittance of a one time experimental use and no evidence in the record to dispute that fact, the Board supports a change in reason and authority for discharge.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive  requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided  full administrative due process.

However, in view of the foregoing findings, the Board  concludes that the reason for the discharge is more accurately described as under Secretarial Authority under the provisions of title 10, USC 1553.

Attachment: Examiner's Brief