AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVl<.:.t: .MUiBER (LAST,FIRST MIDDLE INITIAL)	GRADE
(b) (6)

TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUJal.	NAME Ol'C:OUNSEL ANO OR ORGANIZATION	ADDRESS ANO OR ORGAlllZ.ATION OF COUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER   SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x x x
x
ISSUES	A93.22	INDEX NUMBER	A67.70	EXBJBITS SUBMITTED TO TILE BOARD
A94.05	1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFICATION 	
4 BRJEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO 1HE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARJNG DATE	CASE NUMBER

09 Jun 2016	FD-2015-00237
Pi.M:NIFSISSWRG> mBJIClMD'S.DllCISIONALltA'DONAU!Al5 D!llCP5SBD  ONTH£A1TAQIEDAllt POll.cBDL'ICIWlllMEW'l!OeDDICL'AUNL    UJtOlQUI.

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

"(b) (6)

--

INDORSEMINT	DA	f/W.211'

TO:	FROM:

SAF/MRBR

SECRETARY OFTHE AIR FORCE l'ERSoNNEL COUNCIL
AIR FORCE DISCllA.RGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535COMMAND DR, EE WING, )RO FLOOR
RANDOLPH AFB. TX 781S0-4742	AllDR.EWSAl'B. MD20761-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00237	

GENERAL:  The applicant appeals for upgrade of discharge characterization 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.

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 two Letters of Reprimand. His misconduct included reporting late to a random urinalysis test, admitting use of marijuana to a health provider, and being arrested by civilian police for driving under the influence of alcohol.

The applicant contends the discharge was improper due to his admittance of drug use was in confidence to his health provider. He also feels that his narrative reason of drug abuse is harsh  because it was not a repeated pattern. After review of the record, the Board found that the applicant's admittance to drug use was not done so in confidence. If a member reveals, as part of a routine medical screening with a physician or other health care provider, his personal abuse of alcohol or other drugs, the health care provider will evaluate further, with possible ADAPT referral for in-depth evaluation and rehabilitation. The revelation of personal abuse, by itself, will not subject the individual to adverse administrative action. However, in this case the applicant not only admitted to drug use, but in doing so he also admitted that his drug use was the reason for avoiding the urinalysis, which warrants disclosure. The DRB found no evidence  to  indicate  that  the applicant 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.

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.

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