AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2015-00500	

GENERAL: The applicant was discharged on 8 Oct 13 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse). The applicant appealed for an upgrade of his discharge characterization to Honorable.  The board was conducted on 21 Dec 17.

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined and requested the board be completed based on a records only review. The applicant was not represented by counsel.

The attached examiner’s brief (provided to applicant only), extracted from available service records, contains pertinent data regarding the circumstances and character of the applicant’s military service.

FINDING: The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable.

DISCUSSION: The DRB, 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 changes are warranted. If applicable, the board can also change the applicant’s reenlistment eligibility code. 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 determine if the discharge met the pertinent standards of equity and propriety.

The applicant’s record of service included one Article 15 for the wrongful use a schedule IV controlled substance, and making a false statement regarding his positive urinalysis test. He received a Letter of Reprimand for his second fitness assessment failure. Additionally, he had two Records of Individual Counseling, one for failure to meet Airman Leadership School academic requirements, and one for failing his 7-level career development course end of course exam.

The applicant contended the discharge was based on an isolated incident and he took the controlled substance to help him sleep during a period when he was changing shifts for work. He also requested the upgrade in an effort to obtain GI Bill benefits.

After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for drug use, especially considering the fact he had served over five and a half years at the time. The board concluded the seriousness of the applicant’s misconduct, and lack of integrity, offset the positive aspects of his service. It understood the applicant’s present service characterization renders him ineligible for Department of Veteran Affairs education benefits. However, this is not a matter of inequity or impropriety which would warrant an upgrade.

CONCLUSION: The board found insufficient evidence of an inequity or impropriety that would warrant a change to the applicant’s discharge. Therefore, the discharge received by the applicant was deemed to be appropriate and his request was not approved.

The DRB results were approved by the board president on 25 Jan 18. If desired, the applicant can request a list of the board members and their votes by writing to: SAF/MRBR (CITU), 550-C Street West, Suite 41, Randolph AFB, TX 78150-4743.	

Attachment: Examiner's Brief