AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE r.tEMDER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)

TYPE GEN	I	PERSON AL   APPEARANCE	x	I	RECORD    REVIEW
COUNSEL	NAME OFCOVNSD. AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OFCOUNSEL
YJ:S	No
x
VOTE OF THI BOARD
MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x•
-
x•
-
x•
-
x•
-
x•
ISSUES	A94.55	INOO: NUMBER	A69.00	EXHIBITS SUBMIITED TO THE BOARD
1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR RBVTEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMJITED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE llEARJNG

lfEARING DATt	CASENUMB£R

04 May 2016	FD-2014-00647
APPLICUIT'S l   U£AWDTIIE BOARD'SDECISIONAL RATIO'fALE ARP. OISCUSSED OW THI! ATTAC'MEO MR FO!tCS l>lSCIWl<JE ltE\llEW llOARJ>OECJSIOIW. MTIONl\LE	'·

•RE Code

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)

JNDORSEMENT	DATE: 511312016
TO:	FROM:

SAFIMRDR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISOIAJlCE REVIEW BOARD
550c STREET WEST,surrE 40	15>5 COMMAND OR. tz WING, JRJ> FLOOR
RANDOLPH AFB, TX 781504742	ANDREWS AFB,  to 20Ml 70ll

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previo.us

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00647	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable and to change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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 request to upgrade the discharge characterization and change the reenlistment code. 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 failure in alcohol/drug rehabilitation.

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 documentation regarding the applicant's failure in the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program. There is no other misconduct of record.

The applicant contends the discharge was inequitable because it was too harsh.  He claims that his commander made an example of him for making a bad decision.  He seeks an upgrade in order to provide for his wife and daughter.  The applicant, in response to his discharge action, acknowledged that he was
involved in two alcohol-related  incidents.  He claimed that he had abstained since his second incident, which claim was untrue based on the results of a blood alcohol test administered to him while he was in ADAPT. When confronted with the positive test results, he attributed the results to his use of Nyquil, an over-the­ counter medication.  However, laboratory personnel confirmed that the use of Nyquil would not have  resulted in a positive result at the level in question.  The DRB opined that the applicant had ample opportunities to change his negative behavior.  The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.  The characterization of the discharge received by the applicant was found to be 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 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