AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b)(6)
TYPE	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL	NAME OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANl:ZATION OFCOUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x
x x x
x
ISSUES	A94.53	INDEX NUMBER	A94.08	EXHIBITS SUBMIITED TO THE lK>ARD
1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITfED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
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Hl!.ARJNG DATE	CASE NUMBER

30 Apr 2015	FD-2014-00655
APPLICANT'S ISSUE AND 1lfEBOARD'S DECISIONAL RATIONAi.i! AltEDISCllSSED ON TI!E ATTACHED Allt'1'.0RC£ DISCl!AllGE REVISW llOARD DECISIONAL RATIONALE.	I

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.

W16T - ·- - -- H

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INDORSEMENT	DATE: 611512015

FROM:

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TO:
SAF/MRBR	SECRETARY Of THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISOIARGE llEVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFJI, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00655	

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

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 grants the requested relief.
The Board finds that neither the evidence of record not that provided by applicant which substantiates an impropriety that would justify a change of discharge. However, based collectively upon the record, evidence and documents provided by applicant, the Board finds that the applicant's discharge was indeed too harsh and, thus, approved an upgrade of discharge to General.

ISSUE: The applicant received an Under Other than Honorable - Discharge in Lieu of Trial by Court Martial

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 charge sheet dated September 30, 2008 for violations of Article 112a of UCMJ for the wrongful use of marijuana and methamphetamines. On October 16, 2008, applicant requested discharge in lieu of trial by court martial.

The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does request an upgrade so that he may be eligible for Veteran Affairs health benefits. After a thorough review of the record, it shows that in between deployments, applicant received news of his father's passing and  traveled home for the funeral services, which the Board believes contributed significantly to the applicant's incidents of misconduct. After a thorough and complete consideration of the information submitted by the applicant and contained in the records, the Board concluded there was sufficient mitigation to substantiate upgrade. Specifically, although the Board does not condone the misconduct, the Board found the characterization too harsh and feels the applicant's service is more accurately reflected as a discharge Under Honorable conditions (General).

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the	
discharge authority and the applicant was provided full administrative due process.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by a discharge Under Honorable Conditions (General) under the provisions of Title 10, USC 1553.
Attachment: Examiner's Brief