AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b)(6)

TYPE

I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW

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NAME OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

VES	No
x

VOTE OF mE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY

(b)(6)	•	X+
x•+
•	X+

*	X+
X *+

ISSUES	A94.SS	INDEX NUMBER	A62.00	EXHIBITS SUBMITTED TO mEBOARD

1	ORDER APPOINTING THE BOARD
2	APPLICA T!ON FOR REVIEW OF DISCHARGE
3 LETTER OF NOTlFICATION
4 BRIEF OF PERSONNEL FLLE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARAN CE

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TAPE RECORDrNG OF PERSONAL APPEARANCE HEARING

ll£ARJNC DATE	CASE NUMBER

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24 Mar 2016	FD-2015-00528

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.

* CHANGE RE CODE -2C
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
(b}(6)

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FROM:

DATE:

SAFIMRBR

S&CRETARV OF Tl:IE AIR IURCE PERSON NEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
SSO C STREET WEST, SUITE 40	lS COMMAN D DR, EE WING, JRD nooR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB,MD 20762-1001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00528	

GENERAL: The applicant appeals 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.

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

FINDING: The Board denies the change of reason and authority for discharge, and changes the reenlistment code to 2C.

ISSUE: The applicant received an Entry Level Separation for fraudulent entry.

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 contends that his discharge was inequitable because it was based on a urinalysis taken shortly after being sick.  He claims that his condition at the time caused the positive results for marijuana.  After review of the records, the DRB found that the Applicant provided insufficient evidence to support his claim that his medical condition affected his urinalysis results.  The Board concluded the Applicant's misconduct was a significant departure from the conduct expected of all military members.   The characterization of the discharge and narrative reason received by the applicant was found to be appropriate; however the re­ enlistment will be changed to 2C (entry level separation without characterization of service).

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 a change to the reason for the discharge.

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 the discharge and determines the reason for discharge should remain unchanged, however the re­ enlistment code is more accurately reflected by code 2C under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief