AIR FORCE DISCHARGE REVIEW  BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

(b) (6)
TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL	NAME OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORCANIZATION OP COUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x
+	x
+	x
+	x
ISSUES	A92.22	INDEX  NUMBER	A66.00	EXHIBITS SUBMITTED TO THE  BOARD
1	ORDER APPOINTJNG THE BOARD
2	APPLICATION FOR REVJEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDJTJONAL EXH!BJTS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING D"TE	C"SE NUMBER

04 Aug 2016	FD-2015-00341
!J'l'LICANT'SISSIJE"ND TilE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON TIIE ATTACllED Alll FORCE DISCHARGE REVIEW BOARD DECl'SIONAL RATIONAL!!.

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.

+ CHANGE REASON AND	THORITY TO	RETARIAL  AUTHORITY	/_
(b) (6)

.:....

INDONT	-	DATE: 815/2016
TO:	FROM:

SAF/MRBR

SECRETARY OFTHE,.IR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARC£ REVIEW llOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS  ,_Fii, MD lG76l-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00341	

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

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.

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. However, based upon the record and evidence provided by the applicant, the Board finds the applicant's reason and authority for discharge to be inequitable.

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 wrongful use of marijuana.

The applicant contends that his one-time use of marijuana did not warrant a General discharge.  He claims that over the past several years he has been turned down for many jobs due to this record of misconduct.  After review of the record, the Board 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, the Board found no evidence to justify an upgrade of the discharge characterization.   However, the Board did find justification  that supports an upgrade to change the reason and authority for the discharge.  The Board was pleased to see that the applicant is doing welI, has a good job, and also noted significant post-discharge service in the United States Marine Corps, including wartime deployment and commencing with an Honorable discharge.

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 reason for the discharge is more accurately described as Secretarial Authority under the provisions  of Title l0, United States Code, Section 1553.

Attachment: Examiner's Brief