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
CQ\JNSEL	NAME OFCOUNS[L AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OFCOUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x *#
-
-	# +	x
..
X #
-
X + #	x
-
X * #
ISSUES	A94.05	IND[)( NUMBER	A66.00	EXHIBITS SUBMfITED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONA L EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEAlllNG DATE	CASE NUMBER

22 Jun 2016	FD-2015-00347
APPLICANT'S ISSUE ANO 1lfEBOARD'SDECISIONAL RATIONAL!! ARE DISCUSSED ON 1lfEATTACHED AIRFORCE DISCHAB.GE Jl£Vl£W BOARD DECISIONAL RATIONALE.

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.

* SIGNAL

# CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
(b)(6)
-	-	·1NOORSEU:C.C I	DAt t..:
TO:	FROM:

SAFIMRBR

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	IS3S COMMAND DR, EE WING. JRD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MD 20762.7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00347	

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.

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 was discharged for Misconduct - Drug Abuse with service characterized as Under Honorable Conditions (UHC) (General). 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 possessing Marijuana.

The applicant claims that the basis for his discharge, which is possession of Marijuana, is false.  He also stated that his negative urinalysis along with no other disciplinary actions in his career further supports his claim.  Additionally, he also stated that an upgrade would enable him to attend Troy University.  After a review of the record, the Board determined that the applicant failed to provide sufficient evidence to prove that an inequity or impropriety took place at the time of discharge. The Board noted that the applicant's Under Honorable Conditions discharge renders him ineligible for educational benefits; however, did not find that this warranted a change to the discharge. The Board also noted that the psychiatrist did not find any mental health issues that had an impact on the discharge.  A discharge is only upgraded if it is established that an inequity or impropriety occurred at the time of discharge.

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 discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief