AIR FORCE DISCHARGE REVI EW BOARD HEARING RECORD
NA i\1£ or SE:llVICE M E:MBER (LAST, FIRST MI OOLE IN ITIAL)	CRAOE	AFSNISSAN
(b)(6)
TYPE   GEN	I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW
COUNSt l.	NAME OF COUNSE i.ANO OR ORGANIZATION	AllORESSANO OR 0RGANl7.ATION OF COUNSEL
't:S	No
x
VOTE OF TllE BOARD
M EMBER SITTING	HON	GF.N	UOTl l C'	OTHFR	DENY
(b)(6)	x
x x
x x
ISSLJ• S	A66.00	lDE\: Nl IBER	A94.55	EX lll BITS SUB\fflTEO TO Tll E BOARD
1 ORDER APPOINTING Tll E BOARD
2  APPLICATION f'OR RE\' IEW OF DISCllARGE
3 LETTER OF NOl 1 Fl(A I ION
4   BR IEF OF PERSONNEL FILE COUNSEL'S  REI  E1\SE TO nt E BOARD
Al)Ull I ONJ\L EXI llBn s SUl3f\-llrl 1:.U ;\ I  rll\11:. 0F PERSONAL APl' l J\RJ\NCE
TAPE RECORDING OF PERSON 1\I 1\PPEARJ\NCE HEAR ING
I I EARI NG 0,\TE	tASE Nl'\IB ER
17 Mar 2015	FD-2014-00585
APPUCANt'S 1$$1ri;A'10 Tl IF. BOARD'> Or.l'ISIONAI RATIONAl "All.!' DISC'tlSSro ON ,11€ AtTAC'llED AIR FORCE DISCllARCE REVIEW DOARD ORC'ISIQN.\J,. RATIO!>IALr .

Case heard in Washi ngton, 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)

IN  UORSM11:NT	DAT!!::   J/?Jf2015
TO:	IRO\I:
SAF/ IRl3R	SEf Rf.TAR\ OF rm:AIR fOR(f. PERS0'1'1EI. ( Ol'("11.
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RANDOLPH AFl3, TX 78150-4742	Mm R1;ws.ws.   10  20162.1001

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

AIR FORCE DISCHARGE REVIE\.V BOARD DECISIONAL RATIONALE	CASE NUIUER

FD-2014-00585	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but decl ined 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 Appl icant's discharge, is autho1ized to change the characterization of service and the reason for discharge i f such change is warranted . J n reviewi ng 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 pe1tinent standards of equity and propriety. Applicant"s record of service included a Special Court Martial where he was found guilty on one specification  of usi ng marijuana  and not guilty  for use of Methylenedioxymetharnphetami  nc.

The applicant contends d ischarge was inequitable because i t was too harsh  and based on one isolated incident in 45 months of service.  The Board  concluded the applicant's misconduct  vvas a significant depaitu re from conduct expected  of all military members and that  the negative aspects of the appl icant's service outweighed  the posi tive contributions he made i n his Air Force career.  After review of the record, the Board found no evidence to ind icate that the applicant did not know right from wrong or that in his
alm ost four years of service was unaware of the Air Force pol icy of zero tolerance to drug use.
A discharge is upgrnded only if the appl icant 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 Boa rd found no evidence to justify an upgrade of the discharge characterization.

CO CLUS IO  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the procedura l and substantive requi rements of the d ischarge regulation , was with in the discretion of the discharge authority, and that the applicant was provided  fu l l administrative due process.

I n view of the foregoi ng find ings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determi nes the discharge should remain unchanged.

Attachment: Examiner's Brief