AIR FORCE DISCHARGE REVIEW BOARD H EARIN G RECORD
NA)IE OF SERVICE MEM BER (L/\ST,flRST i\llOOLE INITIAL)	GR1\0E
(b)(6)
TYPE GE1	I	PERSON AL  APPEARAN CE	x	I	RECORD   REVIEW
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x
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MEMBER  SITT! 'G	llON	GEN	UOTllC	OTI IER	DCNY
(b)(6)	x
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x
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ISSVES

A 94.53

lOF.X NUMBER

A66 .00

t.Xlll KI IS M 1n11 nf O ro THE BOARD
1	ORDER APPOI NrlNG IllE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3  ILITFR or l\Ol IFIC'AllON	 	
4  BRIEi- OF P·l RSONNEI FILE
COUN Fl 'S RFI EASE 10 llE BOARD
ADDITIONAL E>.lllBrl SUBMITTED AT TIME OF l'l RSONAL A'l'LARANC
TAPr RrC'ORDING OF PrRSOl\AL APPEARA'<CE llEARING

1irARl'1C n nr	{\St'l \IHI R

07 Apr 20 15	FD-20 14-00600
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Case heard in Washington, D.C.

Advise applicant of the decision of tht: Board, the right to a personal appearance with/wilhout counsel,and the right to submit an
application to thl: AfBCMR.

(b)(6)	-

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00600	

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

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 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 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 one Article 15 for wrongfully using marijuana.

The applicant contends that his discharge was inequitable because it was based on an isolated incident in five years of service.  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.  Notwithstanding  the applicant's claim that
this was an isolated incident, 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 applicant also cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on June 3, 2009) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade.
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 find ings, 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