AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE lNITIAL)	GRADE
(b)(6)
TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COlJl'ISIL	NAMlt OF COUNSU AND OR ORCANIZATION	ADDRESS AMI OR ORCANll.ATION OFCOUNSltL
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x•#
-
x•#
x•#
-
x•#
x•#
ISSUES	A94.55	IN0£X NUMBER	A66.00	EXHIBITS SUBMITI'ED TO THE BOARD
1	ORDER APPOINTIN G THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FlLE COUNSEL'SRELFASE TO THE BOARD
ADDITIONAL EXHlBTTS SUBMITTED AT TIME OF PERSONAL  APPFARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CAS&NUMBtR

09 Jun 2016	FD-2015-00169
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Case heard in Washington, O.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.

•	CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
#CHANGE RE CODE TO 3K

(b)(6)

.....,

INDORSlM.INT	:&MD:  '"22/JtM
TO:	FROM:

SAF/MRBR

SICllETARY ornu;AIR FOita PERSONNEL COUNCIL
AIR FORQ; DISOiAJICt  U:VlEW BOARD
550 C STREET WE.ST,SUITE 40	153!COMMAl'ID DR,£!WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	AKDREWS AR, MD	l-'1'01

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00169	

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.

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

FINDING: After a review of the record, the Board voted to grant the relief of the requested upgrade as discussed below.

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 using K2 and being derelict in the performance of his duty by visiting an off base residence.

The applicant contends that his one-time use of K2 (Spice)  did not warrant a General discharge. After reviewing the record, the Board found sufficient evidence to indicate that the applicant was unaware of the Air Force policy on "K2" use. 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, the Board found evidence to justify an upgrade of the discharge characterization, change to the reason for the discharge, and the reenlistment code.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process.

However, in view of the foregoing findings, the Board concludes that the overall quality of the applicant's service is more accurately reflected by an Honorable discharge, the reason for the discharge is more accurately described as Secretarial Authority, and the reenlistment code changed to 3K under the provisions of Title 10, United States Code, Section 1553.

Attachment: Examiner's Brief