AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)
TYPE GEN	I	PERSONAL      APPEARANCE	x	I	RECORD    REVIEW
COIJNSEL	NAM£ or COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OFCOUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	X#*
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-

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ISSUES	A94.54	INDEX NUMBER	A66.00	EXHIBITSSUBMITTEDTOTB E 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 TfME OF PERSONAL  APPEARANCE

X#* X#* X#*
X#*

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

13 Jul2016	FD-2015-00520
AJ'PLICANT'S ISSIJEAND 1llEBOAltll'S DECISIONAL RATIONALE AIU! DISCUSSED ON 1lIEATTACHED AIR FOltCE DISCHAR.0£ REVIEW BOAltll DECISIONAL RATIONAU!.

Case  heard  in  Washington,D.C.	I
Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an	I
application to the AFBCMR.

# Narrative
* RE Code

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fl	.._	..,..., 	
(b) (6)

fJ

INDORSEMENT	DATE: 7118	,..    "
FROM:

SAFIMRBR

SECRETARY or lliE AIR FORCE PERSON.NEL. COUNCIL.
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	I S>s COMMAND DR, EE WING, 3llD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS  Am,MD 20162-7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00520	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable, 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 (DRB) but declined and requests that the review be completed based on the available service record.

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.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING : The Board finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION : 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 the wrongfully use of Hashish.

The applicant explains that he was trying to win the hearts and minds of the people of Afghanistan as he participated in smoking hashish with the local Afghanistan National Army soldiers. He further asserts that he had integrity and owned up to his one mistake, but feels it was not bad enough to outweigh his otherwise good service record. After review of the record, the Board found no evidence to indicate that the applicant was unaware of the Air Force policy of zero tolerance to 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 it is established that an inequity or impropriety took place at the time of discharge. After a thorough review of the record and advice from the mental health specialist, the Board found no indication that any mental health issues had an impact on the applicant's misconduct or on his discharge. Additionally, the Board found no evidence to justify an upgrade of the discharge characterization, change of reason and authority for the discharge, or change to 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.

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