AIR FORCE DISCHARGE REVJEW BOARD  H EARING RECORD
NAM E OF SERVICE MEMBER (lAST, FIRST MIDDLE INITIAL)	GRADE

(b) (6)
TYPE	I	PERSONAL APPEARA NCE	x	I	RECORD REVIEW
COUNS£L	NM1E OF COUNSEL ANO OR ORGANIZATION	AODRESS AND OR ORGANIZATION Ot'COUNSEL
YES	No
x
VOTE OFTHE BOARD
MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x
x
x
x
ISSUES	A94.56	INDEX NUMBER	A94.08	EXHIBITS SUBMlITED TO TUE BOARD
I ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHA RGE 	
3 LETTER OF NOTIFICATION
4  BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXH IBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARISG DATE	CASE NUMBER

01 Apr 2015	FD-2014-00692
Al'PLJCANrS ISSUE /\ND nre BOARD'S DKISIONAJ.. IV\TIONAl.£AIUl OISCUSSED ON TI(l!ATIACHE!>AIR FORCE DJSCHAROe REVIEW BOARD DECISIONAL RATIONALE.

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 r ight to submit an application to the AFBCMR.

'(b) (6)

INOORSEMENT	DATE:  6/1512015
TO:	FR01:

SAF/MRBR

SECRETARY or THE A1R FORCE PERSONNEL COUNCl L
AIR FORCE DISCHARGE R£\1EW BOARD

550 C STREET WEST.SUITE 40

15)5 COMMANO O»:.Et WINC. JRO F'  OOR

RANDOLPH AFB, TX 78150-472	ANDREWS AFB. MD 2076!-7001

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

AIR FORCE DISCHARGE REVIEW  BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00692	

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 and the discharge is upgraded to General

ISSUE: The applicant received an Under Other than Honorable Discharge- 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 submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that he believes he served honorably for 14 years despite the one isolated incident.  Applicant's drug use was discovered when the results of his June 26, 2000 urinalysis came back positive for cocaine.  On September 20, 2001, the applicant requested discharge in lieu of trial by court-martial IAW AFI 36-3208, Chapter 4. At the time, the applicant requested a General characterization; however the request was not conditioned on receipt of a General characterization.  The member received an Under Other than Honorable discharge, as recommended  by the commander.   While the DRB did not condone the applicant's drug use, it did not outweigh his faithful and honorable service of almost 14 years.  Based on a thorough review of the facts surrounding the basis for discharge and a detailed scrutiny of his military record, a majority of the Board did feel it would have been more equitable to give him a General discharge.

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