AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NA.VIE OF SERV ICE MEMDER (LAST, FIRST MIDDLE INITIAL)	GRAOE	AFSN/SSAN	
(b) (6)		(b) (6)	
f YPE  GE	I	PERSONAL  APPEARANCE	x	I	RECORD  REVI EW
COUNSEJ,.	NA.\IE or COUNSEL AND OR ORGANIZATION	A DDRESS M'10 OR ORGANIZATI ON Of COL'NSEl.
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC'	OTl-IER	DENY
(b) (6)	x

x x x
x
ISSUES	A94.05	INO£X    Nll!'t16£R	A66.00	EXJnBITS  SUBMITTED   TOTHE  BOARD
1 OIWER APPO IN rlNG THE BOARD
2  APPUC'ATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFICATION
4 BR IEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDfflONAL EXHIBITS SUBM ITIEO A"I TIME OF PERSONAL APPEARANCE
TAPE RECOR.DING OF Pl::RSONAL APPl:.ARANCI:: MEAR I  G

HEARING DATE	CASE NUMBE R

09 Apr 2015	FD-2014-0073 1
AffLICANTS ISSUEANDTHE BOAR.D'S DECISIONAL R.ATIONIJ..e AR!l DISCUSSED ON TH? ATIACltED AIR FORCE DISCHAROE REVIEW BOARD OllCISIONAL R.ATIONALE

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a persona l appearance with/without counsel, and the right to submit an application to the AFBCMR.

(b) (6)

LNDORSEMENT	DATE:  4/22/ZOI S
TO:	FROM:

SAF/MRBR

SECRETAR\' O>'TllEA IR FORCE P> RSONNF.1.. COUNCIL
AIR FORCE DISCHARGE RF.VIEW BOARD
550 C' STREET WEST, SUITE 40	1$.3:0: co·11ANO DR.r.F. \\ING, '.\RO FU)OR
RANDOLPH AFB, TX 78150-4742	ANDRE\\'S  AFB•.\'ID 10762·700 1

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00731	

GENERA L: The applicant appeals for upgrade of discharge to Honorable.

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

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 Misconduct - Drug Abuse

The Air Force Discharge Review Board, under its responsibili ty to examine the propriety and equity of an Applicant's discharge, is authorized to change the characterization of service and the reason for discharge i f 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 Jed to the discharge and the discharge process to ensure the discharge met the perti nent standards of equity and propriety.  The applicant's record of service included one Article 15 for wrongful use of Adderall.

The applicant contends discharge was inequitable because it was based on one isolated incident during his 28 month career. However, the Article 15 specification indicated wrongful use on divers occasions. After review of the record, the Board  found no evidence to indicate that the applicant did not know right from wrong or that in his three years of service he was unaware of the Air Force policy of zero tolerance to drug use. 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.

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 administrati ve due process.

In view of the foregoing find ings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and detennines the discharge should remain unchanged.

Attachment: Examiner's Brief