AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST  UDDLE INITIAL)	GRADE
(b)(6)
TYPE GEN	I	PERSONAL APPEARAN CE	x	I	RECORD  REVIEW
CO!Jl\Sl:L	NAM[ OFCOtJNSCL AND OR ORCANIUTION	ADDRISS AND OR ORCANIZATION OFCOUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x
._
x
._
x
._
x
-
x
ISSllES	A94.00	INDEX N\,'MBER	A66.00	£XlIIBITS SUBl\ll1TED TO THE BOARD
1	ORDER APPOfNTCNG THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTlflCATION
4	BRIEF OF PERSONNEL FJLE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE I!EARING

H£ARINC DAT£	CASE NUMBER

04 May 2016	FD-2014-00719
APPLICANT'SJSSUEAND11ll! BOARD'S DEClSIONAL RATIONALE AR DISCUSSED ON lllEAlTACHED AIR FORCEDISO!AllGE REVIFW BOARD DEC1SIO AL RATlONJ.LF

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)

- "	-

JNDORSEM£NT	DATE:  511312016
TO:	FROI:

SAFIMRBR

St:CRETARV Of THE Alli FORCE PERSONN£L CO\J!ICIL
AIR FORCE DISOIARCE R£\1EW BOARD
550 CSTREET WEST, SUITE 40	lSlS COMMAND DR. U WINC, JRD FLOOR
RANDOLPH AFB, TX 78I.S0-4742	ANDR.EWSAfll, MD 207'1·TOOi

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2014-00719	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB). However, due to the inability to contact the applicant to schedule his personal appearance, his case was scheduled for review 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.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any 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 disobeying a lawful general order on divers occasions by wrongfully using spice.

The applicant cited his desire to receive the G.l. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on November  I I , 2008) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board is aware that the present service characterization renders the applicant ineligible for these benefits; however, this is not a matter of inequity or impropriety which would warrant an upgrade.

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