AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEM BER (LAST, FIRST MIOOLE INITI AL)	CRAOE	AFSN/SSAN	
(b) (6)		(b) (6)	
TYPE GEN	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW
COUNSEL	NAME Of COUNSEL A.\'D OR ORGASl7..ATI OS	ADDRESS AND OR ORCANIZATION OF COUSEL
YES	No
x
VOTE OFTHE BOARD
MEMBER   SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x x x
x
ISSUES	A94.05	INDEX NU1\·IOER	A66.00	EXIIlBITSSUBMITTED TO TUE BOARD
1 ORDER APPOINTING THE BOARD
2  Al'l'LICAT ION fOR REVI EW Of DISCHARGE
3	LETll:R Of NOTlflCAT ION
4	13Rlt.:.f Of l'l:RSONNEL fl LE COUNSEL'S RELEASE l'O Tl IE BOARO
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
fAPE RECORDING  OF PERSONA L APl'EARANCE  HEARING

H EARING DATE	CASE NUMBER

26 Mar 20 15	FD-2014-00633
Al'PLICANT'S ISSUEANDTliEBOAAD'S DECISIONALRATIONAL.EARE DISCUSSED ON TliE ATIACH.ED lllR. FO!lCE DISCHMOER.EVIEW SOMO DllCISIONllL R.ATIONALE.

Case heard in Washington, 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)

LI'IVURSEMEN'T	JJA	: illZ27ZUb
TO:	FROM:

SAF/MRBR

Sl:CRf:TARY OFl'HtAIR FORCf. PERSON:I.COIJNC'll.
AIR FORCE DISCHARGE REVIEW BOARD
550 ('STREET  WEST.SUITE 40	ll ('OM  1A.NO DR. F.E \\l1C, :.1RD FLOOR
RANDOLPH AFB. TX 78150-4742	ANDREWS AFB•\·10 20762-7001

AFHQ FOR1'10-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00633	

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

The Board finds that neither the evidence of record nor that provided by the  applicant  substantiates  an inequity or impropriety that would justify a change of 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 wrongful use of Spice.

The applicant contends that the use of spice was a one time incident during his otherwise stellar career. However, the Article 15 specification indicates that he used spice on divers occasions. 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.

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 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