AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST l\'UDDLE JNITIAL)	GRADE
(b)(6)
TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL	NAME OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZAT!ON OFCOUNSEL YES	No	(b)(6)	(b)(6)
x

(b)(6)

MEMBER SITTING

VOTE OF THE BOARD

HON	GEN	UOTHC	OTHER	DENY	
				x	
				x	
	+	x	
	+	x	
	+	x	

ISSUES	A94.SS	INDEX NUMBER	A66.00	EXHIBITS SUBMITI'ED TO THE BOARD
AOl.25	1  ORDER APPOINTING THE BOARD
2	APPUCATION FOR REVIEW OF DISCHARG E
3	LETTER OF NOTIFICAT ION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANC E
TAPE RECORDING OF PERSONAL APPEARANC E HEARING

HEARING DATE	CASE NUM BER

27 Aug 2015	FD-20 l5-00366
APPUCMTS ISSUE AND TI!E BOARD'SDECISIONAL RATIONALE ARE DISCUSSED ONTI!E A1TACHED AIR FORCE DISCHARGE REVIEW 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.

·-

+ CHANGE REASON AND A UTHOR ITY TO SECRETARIAL AUTHORITY
(b)(6)

INDORSEMENT	DATE:  1012112015
TO:	FROM'

SAF/MRBR

S£CR£TARV OFTHE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, £E WING.JRD FLOOR
RANDOLPH   AFB,TX  78 IS0-4742	ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUM BER

FD-2015-00366	

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

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: The Board denies the upgrade of the discharge, but grants a change of reason and authority for discharge to "Secretarial Authority."

The Board finds that neither the evidence of record nor that provided by the  applicant substantiates an impropriety or inequity that would justify an upgrade of his discharge. However, based upon the record and evidence provided by applicant, the Board finds the reason and authority for the applicant's discharge to be inequitable.

ISSUE: The applicant received a General discharge for Misconduct - Commission of a Serious Offense, Drug Abuse.

The Air Force Discharge Review Board, under its responsibi lity 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 possession of a military identification card with an altered birthdate.

The record indicates that the applicant was discharged for Misconduct-Commission of a Serious Offense, Drug Abuse, pursuant to AFI 36-3209, para. 3.21.3.2. The record shows that the  applicant  admitted  to civilian pol ice, following their response to a domestic disturbance call, that he had used marijuana while in the Air Force. When the civilian police responded to the residence , they detected a strong odor of marijuana and the applicant handed them a glass pipe that had a strong odor of marijuana. The applicant denies that he used marijuana while in the military and maintains that he admitted to the civilian police that he used marijuana prior to entering the military. He  claims that the civilian police did a poor investigation, as evidenced by the fact that a grand jury ultimately determined that there was insufficient evidence to support other charges against him. He also claims that his discharge for drug abuse was based on hearsay evidence not provided  by him to the Air Force. After review of the record, the Board determined that the evidence was sufficient to support the applicant 's discharge for drug abuse. The Board also determined that the applicant's own statement to civilian police was a proper basis for discharge and did not constitute impermissible hearsay.

A discharge is upgraded only if the applicant and the Board can establish 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, under the facts and circumstances presented , the Board determined that the reason for discharge was too harsh and should be changed to Secretarial Authority.	

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.

However, the Board concludes that, under the facts and circumstances presented, the reason for discharge is too harsh and is more accurately  described as Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment : Examiner's Brief