AIR FORCE DISCHARG E 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 OF COUNSEi. ANO OR ORCANll.ATION	AODRESS ANO OR ORCANll.ATION OF COUNSEl.
YES	No
x
VOTE OF IBE BOARD
MEM BER SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	X # *
X # *
X # • X # *

ISSUES	A93.09	INDEX NUMBER	A66.00	EXHIBITS SUBMITTED TOTHE 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
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANC E

X # •

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

20 Apr 2016	FD-2015-00459
APPLICANT'S ISSUE AND nm BOARD'S DECISIONAi. RATIONALE ARE DISCUSSED ON lllEATTACHED AIR FORCE DISO!AllGE REVIEW BOARD DECISIONAi. RATIONAl.Ji

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 .

Narrative Reason # RE Code *

.
(b) (6)

7	INDORSEMENT	DATE: 4121/2016
TO:	FROM:

SAFIMRBR

SECRETARY OF ll!EAIR FORCE Pt:RSON NEL COUNCIL
AIR t'ORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	15J5 COMMAND OR, EE WINC. JRD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDRf.WS AFB, MO 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00459	

GENERAL:   The applicant  appeals for an upgrade  of his discharge  characterization to Honorable  and 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 (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 denies the upgrade of the discharge characterization.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequi ty or impropriety that would justify a change of discharge.

ISSUE: The applicant received a General discharge for Misconduct - Drug Abuse

The Air Force Discharge Review Board, under i ts responsibility to examine lhe 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 Oxymorphone.

The applicant stated that he made a mistake by using prescription drugs that were not prescribed to him to self-medicate for stress and personal issues that he was dealing with at the time. The applicant also stated that he would like a second so that he may serve in another branch of the Armed Forces. On February 4, 2015, the applicant tested positive for Oxymorphone during a random urinalysis administered by Drug Demand Reduction at Ft. Meade, Maryland. He was offered an Article 15 for his i llegal drug use and accepted this forum on March 3, 2015. In response to the Article 15, the applicant stated that he exercised poor judgment and was aware that the drug was not prescribed to him. After review of the record, the Board found no evidence to indicate that the applicant was unaware of the Air Force pol icy of zero tolerance of 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 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 ju stify an upgrade of the discharge characterization , reason for the discharge or the reenlistment code.

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.

Jn 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