AIR FORCE DISCHARGE REVJEW BOARD  H EARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MrDDLE INITIAL)	GRADE

(b) (6)
TYPE GEN	I	PERSONAL A PPEARANCE	x	I	RECORD REVIEW
COUNSU	NAME OF COUNSEL ANO OR ORGANIZATION	ADDRESS All"D OR ORGANIZATION OF COUNSEL
YES	No
x
VOTE OF THE :BOARD
MEM BER SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x
x x x
ISSUES	A94.53	INOL'X    NUM8£K	A66.00	EXBJBITS SUBMIITED TO TH£ BOARD
1  ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVTEW OF DISCHARGE
3	LEITER OF NOTLF!CATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDrNG OF PERSONAL APPEARANCE  HEARING

HCARING DATE	CASE NllMOER

14 Aug 2015	FD-2014-00768
Al'PUCJ\NT'S ISSUE AND lliE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACFreD Alll FORCE DfSCHAROE REV1EW BOARD DECISIONAL AATIONALE.

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 subm it an application to the AFBCMR.

-
(b) (6)

INDORSEMENT	DATE:  811712015	I

SAF/MRBR	or

TO:	rROM:
SCR!:TARV	THE AIR FORCE PF;RSONNl':L COUNCii.
AIR FORCC DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	153 COMMAND OR. EE \VIN(;, JRO FLOOR
RANDOLPH AFB, TX 78150-4742	ANDRE.IVS AFB, MO 20762-7001

AFHQ FORM 0-2077, JAN 00	(EF-Y2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nt;)IBER

FD-2014-00768	

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

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 denies the upgrade of the discharge

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 - Minor Disciplinary Infractions and 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 General Court-Martial conviction for attempting to wrongfully  introduce "ecstasy" onto an armed forces installation and attempting to wrongfully  inhale HFC­ l 34A with the intent to become intoxicated; two Letters of Reprimand for breaking phase and curfew (2x); four Letters of Counseling  for failing room inspections (3x), losing a military ID and failure to report to assigned details after being briefed several times.

The applicant cited his desire to receive the G.I. 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 June 12, 2000) that he understood he must receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade.

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