AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b)(6)
TYPE GEN	I	PERSONAL  APPEARAN CE	x	I	RECORD  REVIEW
COUNS£L	NAME OFCOL'NSEL ANO OR ORGA.NIZA. TJON	ADDRESS AND OR ORGMIZA TION OF COUNSEL
YES	No
x
VOTE OFTHE BOARD
MEMBER   SITIING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	X #
-
X #
-
X f
-
X #
-
X #
ISSUES	A94.0l	INDEX NUMBER	A67.70	EXHIBITS SUBMITIED TO THE BOARD
1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICAT!ON
4 BRIEF OFPERSONNEL FILE
COUNSEL'SRELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDfNG OF PERSONAL APPEARANCE  HEARING

HEARING DATE	CAS£ NUMBER

24 Mar 2-0-16 ------

FD-2016-00039

-- .

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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.

# Narrative Reason

 	- 	
(b)(6)

 	IN.lfl'Q - ·	.-

DATE: W;ZOl6

TO:	FROM:

SAF/MRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR l'ORCt: DISCHARG1'MV1£W BOARD
550 CSTREET WEST, SUITE 40	ISJ5 COMMAND DR, EE WING, >RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDR£WSAl'8. MO 20761-1001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00039	

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.

FINDING: The Board denies the upgrade of the discharge characterization and change of reason and authority for discharge.

ISSUE: 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 and one Letter of Reprimand. His misconduct included the wrongful use of marijuana and failing a fitness assessment twice in a 24 month period.

The applicant states that his discharge did not take into account the good things he did while in the service. The DRB noted the applicant's duty performance as documented by his performance reports and other matters of record . They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The DRB found no evidence to indicate that the applicant was unaware of the Air Force policy of zero tolerance for drug use. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

The applicant cited his desire to receive the G.I. Bill benefits asjustification for an upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on September 14, 2009) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact from the loss of these benefits to the applicant; 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 or reason for 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.

Given the previous findings, the Board further concludes that there exists no legal or equitable basis for an upgrade of discharge and determines the discharge should remain unchanged.	

Attachment:
Examiner' s Brief