AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)
TYPE GEN	I	PERSONAL APPEARAN CE	x	I	RECORD  REVIEW
COl'1'511.	NAM& OFCOUNSD.. AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNS&L

YES	No
x

(b) (6)

(b) (6)

VOTE OF nu: BOARD

MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	X *#

x *# x *#

ISSUES	AOl.25	INOVCNUMBER	A66.00	EXBJBrrs SUBMJ'JTED TO THE BOARD
l ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL' S REI.EASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

x •#
x •#

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

MEARING DATE	CASENUM8tR

09 Jun 2016	FD-2015-00088
-..c:M1'SISS\B»G>T86	lt.4't1<11!ALBAU DISCllSSED ONnEAlTAOll!D Ala. FelltCBlllJSCKUQ!lQY11!W lllOAlU> DlllCISll3"Al.KAT10HAU!.

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.

•	Narrative reason
# RE Code

'(b) (6)

INDORSEMENI'	DATE:    6113/2016
TO:	FROM:

SAFIMRBR

SP.CIU:TARY OFTHE AIR FORCE PERSONN'£L COUNClL
AIR FORCE DISOIA.RCi UVltW BOAR!)
550 CSTREET WEST, SUITE 40	1535 COMMAND OR. IEWING, 3RD FLOOR
RANDOLPH AFB, TX 781S0-4742	ANDR.EWS Af'IJ, MD l0'/62-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00088	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

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.

Pursuant to 10 USC 1553 this board included a member who is a clinical psychologist or psychiatrist, or a physician with training on mental health issues connected with post traumatic stress disorder or traumatic brain injury and/or special training on mental health disorders.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION: 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 wrongfully ingesting botanical incense (K-2).

The applicant contends the discharge was improper due to violation of AFI 36-3208.  He claims that after reporting his roommate for theft, his roommate then falsely accused him of using the drug K-2.   He also claims that he was unjustly found guilty during his Nonjudicial Punishment (NJP) proceedings of having wrongfully used a controlled substance.  He stated that he was attending training at Ft. McCoy, WI during the time of the alleged offense.

After a thorough review of the record, the Board found that the applicant's contentions were without merit. IAW AFI 51-202, commanders who initiate NJP action and impose punishment act on the basis of information they determine relevant.  Based on the information provided, the commander determined that the applicant committed the alleged offense. The records indicate that there was witness testimony from individuals other than the applicant's roommate that support the allegations of drug use.  Additionally, the offense listed on the Article 15 is not tied to the "on or about date" mentioned; the offense may have occurred prior to the applicant's attendance at training.  The DRB found no evidence to support the applicant's claim of inequity or impropriety.

A discharge is upgraded only if it is established that an inequity or impropriety took place at the time of discharge. After a thorough review of the record and advice from the mental health specialist, the Board found no indication that any mental health issues had an impact on the applicant's misconduct or on his discharge. Additionally, the Board found no evidence to justify an upgrade of the discharge characterization, change of reason and authority for the discharge, or change to the reenlistment code.	

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 the discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief