AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FffiST MLOOLE INff lAL)	GRADE

(b) (6)
TYPE  GEN	I	PERSONAL  APPEARAN CE	x	I	RECORD  REVIEW
COUNSEL	NAME OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORCANIZ.A TION Of COUNSEL
YES	No
x
VOTE OFTHE BOARD
MEMBER   SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	X+

X+ X+ X+ X+
ISSUES	A94.06	IN'D£X NUl\Di £.R	A85.04	EXHlBITS SUBMITIED TO THE BOARD
1 ORDER APPOCNTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARG E
3	LETTER OF NOTlflCATION
4	BRIEF OF PERSONNEL FCLE
COUNSEL'S RELEASE TO HlE BOARD
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

H.E..\IUNG DATE	CAS£ NUMBER

13Jul 2016	FD-2015-00477
APPLICANT'SISSUEANDnm BOARD'S DECISIONAL RATIONAi.£ AR.E DISCUSSED ON niEA1TACHED 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 persona l appearance with/without counsel, and the right to submit an application to the AFBCMR.

	---

+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
(b) (6)

INDORSEMENT	DATE:
TO:	FROM:

Ml/2016 0

SAF/MRBR

S CRETARY OFTHE AIR FORCE PERSONNEL COUNCl L Al   ORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535    MMAND DR. EE WING. JRD nooR
RANDOLPH   AFB, TX  78150-4742	ANDR	AFO,MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00477	

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 (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.

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.

FINDING: After a review of the record, the Board unanimously voted to grant the relief of the requested upgrade as discussed below.

DISCUSSION: The applicant received a General discharge for Misconduct - Drug Abuse. The applicant's record of service included one Article 15 for wrongful use of Marijuana. 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. 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 states that his discharge did not take into account the good things he did while in the Air
Force. He also claims that the mistake which led to his discharge does not appropriately define his character. The ORB took note of the applicant's duty performance as documented by his performance reports, decorations and other accomplishments. The Board noted that the character of service appeared to be inconsistent with the applicant's documented performance over the period of his service. The applicant's discharge package was not available for the Board's review and while there is a presumption of regularity  that weighs in favor of the government, the available evidence weighed in favor of the applicant. The Board determined the drug abuse in this instance appeared to be a departure from the applicant's usual and customary behavior as supported by the quality of service documented in the applicant's available military record. As such, the Board determined the character of service in this instance to be inequitable.

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 sufficient evidence to justify an upgrade of the discharge characterization and a change to the reason for 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 the overall quality of the applicant's service is more accurately characterized as Honorable and the reason as Secretarial Authority under the provisions of Title 10, United States Code, Section 1553.

Attachment: Examiner's Brief