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Af R  FORCE DISCHARGE REVIEW BOA RD  DECISIONAL RATIONALE	CASE Nt.Ji\IBER

FD-2014-00602	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable and to change the reason and authority for the discharge.

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 contai ns available pertinent data on the applicant and the factors leading to the discharge. FINDING: The Board denies the upgrade of the discharge and change of reason and autho1ity for discharge. ISSUE: The applicant received a General discharge for Misconduct - Drug Abuse
The Air Force Discharge Review Board , under its responsi bi l ity 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 wananted. In reviewing discharges, the Board presumes regulari ty in the conduct  of governmental affairs unless there is substantia l cred ible evidence to rebut the presumption ,  to  incl ude evidence submitted  by the applicant.   The Board  completed  a thorough  review of the circumstances  that Jed to the discharge and the discharge process to ensure the discharge met the pe11inent standards of equity and propriety.    The  appl icanf s  record  of  service  included  one A11icle  15 and  one Vacation  of    on-J udicial pu nishment. Applicant's misconduct included wrongful l y usi ng JWH-018 , a schedule I  controlled  substance and being derelict  i n  the performance of duties.

The appl icant contends discharge was ineq u itable because i t was based on one isolated i ncident in 33 months of service and that  this was not her usual behavior.   The record shows that the applicant made a sworn statement during an OSI i n vestigation admitting to smok ing spice but did not have any prior use to joi ning the mili tary.  After review of the record , the Board found no evidence to indicate that the applicant d id not know right from wrong or that i n her al most th ree years of service was u naware of the Air Force pol icy of zero tolerance to drug use.  The Board  found the negati ve aspects of the wi llful miscond uct outweighed the posi tive aspects of the applicant's performance and concluded  that the discha rge was appropriate.
A discharge is u pgraded only if the applicant and the Board can establish that an inequi ty or impropriety took place at the t im e of discharge.  After a thorough review of the record, the Board  found no evidence to just ify an u pgrade of the discharge characteri zat ion, reason for the discharge or the reenl istment code.

CONCLUSION: The Discharge Review Board concl udes that the  discharge  was  consistent  with  the procedu ral and substantive requ irements of the discha rge regulation , was wi th in the discretion of the discharge authori ty, and that the appl icant was provided full ad m inistrat ive due process.

I n 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 rema i n unchanged.

Attachment: Exami ner's Brief