AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NA". 1£ OF SERVICE MEMBER (LAST, FIRST MIDDLE INITlAL)	GRADE
(b)(6)
TYPE GE:-.!	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW
comiSEL	NAME OFCOUNSEL AND OR ORCANIZI\ TI ON	ADDllESS A:O.D OR ORCA UATION OFCOUNSEL
YES	No
x
VOTE OF THE BOARD
MEM BER SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x
x x x
x
--	
ISSUES	A94.55	IND£X l'IUMB£R	A66.00	EXHIBITS SUBMl'ITED TO THI BOARD	
J ORDER APPOINTING THE BOARD	
2 APPLICATION FOR REVIEW OF DISCHARGE	
3 LETTER OF OTIFICATION	
4 BRIEF OF PERSO:-lNEL FILE	
COUNSEL'S RELEASE TO 11ffiBOARD	
ADDITIONAL EXHIBITS SUBMIITED AT TL'AE OF	
PERSONAL APPEARANCE	
TAPE RECORDING OF PERSONAL APPEARANCE HEARING	
HEARING DATE	CASI!. NUMBElt	
28 Sep 2016	FD-2016-00041	
APPWCJ\l,TS ISSUE AND lllE BOARD'S DEOSIOSAL RATIONALE All DISCl-'SSED 01"1l{f.AlTACRED AIR FORCE DISCHAltGE REVIEW BOARD DECISIONAL RATIONALE.	
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)	
:,/	ll'iDORSEMEl<fT	DATE:   10/J/2016		
TO:
SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB,TX 78150-4742	FRO.\t:
StcRETARY ormc AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCllAllCE REYU;W BOARD
1$15 COMMAND OR, £E WING,JRD FLOOR ANDREWS AF8,MD 20762-7001		
AFRQ FORM: 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00041	

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.

Pursuant to I0 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.

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. ln 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 a Special Court Martial (SPCM) with specification of using and wrongfully manufacturin g mushrooms containing psilocybin , a schedule  1 controlled substance.

The applicant contends the discharge was unfair because he was coerced by Air Force officials into confessing to drug allegations.  He also claims that there was no evidence of drug use that led to his discharge.  After a review of the records, the Board concluded that the applicant was found guilty via SPCM of wrongful use and manufacturing some amount of mushrooms containing psilocybin.  The DRB found that the applicant provided insufficient evidence to support his claims and contentions.  The Board further concluded the discharge was appropriate for the reasons which were the basis for this case.

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.

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