AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
(b)(6)	GRADE	
TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD REVIEW	
OllUUl.I.	NAME OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORCANIZA TION OF COUNSEL	
YES	No			
	x			

M EMBER SITTING	VOTE OF THE BOARD	
	HON	GEN	UOTHC	OTHER	DENY	
(b)(6)
....

....

....

....						x	
						
x	
						
x	
						x	
						x	
ISSUES	A94.55	INDEX NUMBER	A66.00	EXHIBITS SUBMITrED TO THE BOARD	
		1	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LEITER OF NOTIFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONAL EXHIBITS SUBMIITED AT TIME OF PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE HEARING	
HEARING DATE

14 Apr 2016	CASE NUMBER

FD-2015-00595			
.t.ll'  'l..JCANl"SUSIE;u4D111BllOll.la7'Slll!Cl.VO!io\l.llA        ARBDISCUSSllDONllll!.ATfA<JIEDAlll!Ql C8DISCHAacll!aBVll!WBOAllDDilCSOl'IALllA'lllOtlAIA	
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.

(b)(6)	
.lr'IUVRSEM!NT	DATE	..	
TO:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB,TX 7815742	FllO..,:
SECRlTARY ornu:.AIR !'ORCE PERSONNEL COUNCIL
.AIR FORCE DISCHARGE: R£\1£W BOARD
15.35COMMAND DR. EE WING. lRD FLOOR ANDREWS AFB, MD 20761-7001	
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00595	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable .

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 upgrade of the discharge characterization.
ISSUE: The applicant received a General discharge for Misconduct - Minor Disciplinary Infractions

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 processto ensure the discharge met the pertinent standards of equity and propriety. The applicant's record of service included one Article 15 for wrongful use of over the counter medication and wrongful use of mescaline and marijuana.

The applicant contends that his discharge was improper because it was based on hearsay. He claims that the lab results from three urinalysis tests performed during the time of the alleged drug use demonstrate his innocence. The Board found that the lab report alone does not provide a basis for upgrading his discharge.  It may have furnished a basis for a defense at court-martial, but the applicant chose to accept non-judicial punishment in lieu of mounting a defense at a court-martial. After a 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 that the negative aspects of the applicant's willful misconduct outweighed the positive aspects of his performance and concluded that the discharge was appropriate.

The applicant cited his desire to receive veteran benefits asjustification  for upgrade.  The Board noted the impact to the applicant from the loss of these benefits; however, this is not a matter of inequity or impropriety which would warrant an upgrade.

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 ofthe 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