AIR FORCE DISCHARGE REVlEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST.FIRST l\IJDDLE INITIAL)

(b) (6)	GRADE	
TYPE GEN	I	PERSONA L APPEARANCE	x	I	RECORD    REVIEW	
COUNSEL	NAME or COUNSEL ANO OR ORGANIZATION	ADDRESS ANO OR ORCANl7J\ TION OF COUNSEL	
ns	No			
	x			

MEMBER SITTI 'G	VOTE OF THF. ROA RO	
	llON	GEN	UOTllC	OTll ER	DENY	
(b) (6)						x	
						x	
						x	
						x	
						x	
ISSV ES
A94.53	l OEX NUIBER
A66.00	EXlll811slSLBMITrrn TO THE BOARD	
		1	ORDER APPOINTING TllE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3  LETl'ER OF NOTIFIC'ATION	
		4	BRIEFOF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONAL  EXIIIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL. APPEARANCE  IIEARING	
tlt AR IM";l)ATf:

09 Apr 20 15	CASE NUMBER

FD-2015-00004			
APPLICAl>'T S 1$. l'E A 0TllE BOARD'S DECISIO\iAL RATIONALEARF DISCUSSED OJ\ TllE ATTACllfO AIR FORCE DISCHARGE REVmW BOARD DECISIONAL RAllO\ AIr:	
Case heard i n Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/w ithout counsel, and the right to submit an application to the AFBCMR.	

(b) (6)

JNUOR EMENT

DATE: 5/5no1_

TO:

FROM:

SAF/MRBR
550 C STREET WEST.SUITE 40
RANDOi.PH AFR. TX 78150-4742

t.:<. KE I AK' Ot-. lllt:AIK  Ot<Ct-:l'l.K:)0Ni'\€t;(Ql1N( ll.
AIR t'ORCE DISCllARCE RE\'l[W BOARD lJ5 (.UM7'1ANO  PR,Et. \\  ING,.H<I> tl.OOR ANDREWS AFB. Mil ?0762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE: NUMBER

FD-2015-00004	

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 com pleted based on the available service record.

The attached brief contains available perti nent data on the applicant and the factors lead ing to the discharge.

FINDING:  The Board denies the upgrade of the discharge.

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

The Air Force Discharge Review Board, under its responsibi l i ty to examine the propriety and equity of an Applicant's discharge, is authorized to change the characte1ization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regulari ty i n 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 an Article 15 for possession of Salvia and Spice with the intent to use to alter mood.

The member made no contentions of impropriety or inequity. After a review of the records the Board found no evidence that the applicant was unaware of the Air Force's zero tolerance policy on drug use. Drug abuse is incompati ble with military service and airmen who abuse drugs one or more times are subject to discharge for misconduct. He cited his desire to recei ve the G.I. Bill benefits as justification for upgrade. The DRB noted that when the applicant applied for these benefi ts, he signed a statement (DD Form 2366, on April 22, 2009) that he understood he must recei ve an Honorable discharge to receive future educationa l entitlements. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of ineq uity or impropriety which would warrant an upgrade.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substanti ve req uirements of the discharge regulation , was within the discretion of the discharge authority, and that the appl icant was provided full administrati ve due process.

In view of the foregoing findi ngs, the Board further concludes that there exists no legal or equ itabl e basis for upgrade of discharge and detenni nes the discharge should rema in unchanged.

Attachment: Exami ner's Brief