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TAPE RECOROl'\G 01·Pl:RSONAL APPEARANCE HEARING

HEARl'(C: DATE	CASI:1'l\lB   ER

25 Mar 2015	F0-2014-00690
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Case heard in Washington , D.C.

Advise applicant of the decision of the Board, the right to a personal appearance wi th/without counsel, and the right to submit an application to the Af-'BCMR.

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE :-11.JMBER

FD-2014-00690	

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

The applicant was offered a personal  appearance before the Discharge Review  Board  (DR B) 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

ISSUE: The applicant received a General discharge for Misconduct - Drug Abuse

The Air Force Discharge Review Board, under i ts 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 two Letters of Counseli ng, two Letters of Reprimand and one Article 15. His misconduct included failing to obey a lawful order, to wit, a noise complaint was issued for dormitory room; dereliction of duty (2x's); failing to show for mandatory self-aid and buddy care appointment; and knowingly using and possessing an intoxicating substance "spice".

The applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant does submit that he was young and immature and would like an upgrade to reflect his CutTent maturity level.
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 any positive aspects of the applicant's duty performance. After review of the record, the Board found the evidence to indicate that the applicant should have known and probably in fact did know that his use of Spice was wrongful or improper. In his almost two years of service, he should have been aware that the Air Force policy of zero tolerance to drug abuse would also prohibit use of Spice. 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