AIR FORCE DI SCHARGE 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 COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANII.ATION OF COUNSEL YES	No
x

(b)(6)

VOTE OF THE BOARD
MEMBER     SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x

x
x
IS.SUES	A94.05	INDEX NUMBER	A66.00	EXHIBITS SUBMITTED 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
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

20 Apr 2016	FD-2015-00471
APPUCA.'IT'S ISSUE ANI>nm BOARD'S OECISIONl\L RATIONALE ARE DISCUSSED ON nmATTACHED AIR FORCEDISCHARGE 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 appl ication to the AFBCMR.

.
(b)(6)

INDORSEMENT	DATE:  412112016
TO:	FROM:

SAF/MRBR

SECRETARY Of THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE JlEVJEW BOARD

550 c STREET WEST, sunE 40

ls:\5 COMMAND OR, EE WING, 3RD FLOOR

RANDOLPH AFB, TX781S0-4742	ANDREWS AFB. MO :urm..1001

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

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00471	

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.

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 inequity 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 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 violating a lawful general order by wrongfully using Spice.

The applicant contends that he should not be penalized indefinitely for one mistake he made while serving. He feels that it is an injustice to continue to suffer from the adverse consequences of receiving a General discharge. The Board was sympathetic to the impact of the applicant receiving a General discharge; however, this is not a matter of inequity or impropriety which would warrant an upgrade. After review of the record, the DRB found no evidence to indicate that the applicant was unaware of the Air Force policy 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 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 discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief