----------- ...

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRSTMIDDLE INITIAL)	HEARING DATE

0
CASE NUMBER

(b) (6)	2016-12-08	FD-2014-
00616
TYPE	x	PERSONAL APPEARANCE		NON-PERSONAL  APPEARANCE COUNSL	NA1E OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OFCOUNSEL
Yes	No

MEMBER SITTING

•.	V6l TE O- F 'fB:E.BOA•R•D O-• :•"?!- ·•  "• ·-:,,,.-'';F -.
HON	GEN	UOTHC	OTHER	DENY

,.,

-.

..

(b} (6)	X*#
X*# X*# X*#
X*#

ISSUES	INDEX NUMBER

"tf:.s.<-<Ar;.;

EXHIBl'fSSUBMITIEDTQ        'r1Be.i\Rn;.	•'t'.
I	•  ..  , •	, It •    ' ··! ,,.

1	ORDER APPOINTING lHE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEAIDIG

,

•  •1

APPLICANT'S issue ANO THE BOARD'S DEOS!ONAL RATIONAi.i! ARI! DISCUSSED o.wrtLE ATTACHl!D AIR PORC! OISCHAROI! IUlVIBW BOARD DECISIONAL RA')101fALll.	"·	:	' . ..
Case heard in Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

'*Narrative Reason	(b) (6)
#RE Code

••w•'"'•....... ...,•.""'""·-•     .,_...._,,•	-·&·-·.---- ·-...---

TO:	FROM:
SAFIMRBR	Stclll:TAAY OFTHE.All FORC&PRSONNEi,COUNCIL

SSO C STREET WEST, SUITE 40

AIR FORct DISCHARGE REVIEW 80ARD
1535 COMMAND DR,£& WINO, 3RD Fl.OOR
RANDOLPH AFB, TX 78150-4742	ANDREWSAFii,  MD2076J..?OOI

AFHQ FORM  0-2077,  JAN  00	(EF-V2)	Previous edition will be used

'

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00616	

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 appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference between Joint Base Andrews, MD, and Robins AFB, GA on December 8, 2016.

No additional exhibits were submitted at the hearing.

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 Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an applicant's dischcµ-ge, 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 applicant's record of service included two Article 15s and a conviction by Special Court-Martial.  His misconduct included; sleeping on duty; failing to remain on hardened or gravel surface while in a government owned vehicle; and using marijuana.

The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety. The applicant received a General discharge for Misconduct -Drug Abuse. The applicant submitted no issues regarding the equity or propriety of his discharge. The applicant stated that he should not be penalized indefjnitely and an upgrade to his discharge characterization would assist with finding a good job and career. The Board opined that, through the administrative actions taken, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset the positive aspects of the applicant's duty performance . The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

The Board highly recommends that ifthe applicant can provide additional information to substantiate his contentions, he should consider exercising his right to apply with the Air Force Board of Corrections to Military Record.

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 justify an upgrade of the discharge characterization, change of reason and authority for the discharge, ·or change to 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