AlR FORCE DISCHARG E REVlEW BOARD HEARING RECORD
NAM£ OF SERVICE ME.\1BER (I.AST, FIRST MlDDLE INITIAL)	GRADE
(b)(6)
TYPE  GEN	I	PERSOAL     APPEARANCE	x	I	RECORD   REVIEW
COUl'ISEL	NAIE OF COUNSEL ....  o OR ORGM17.ATION	M>DR£SS AND OR ORGAN!LA TION OF COU£L
YES	No
x
VOTE or THE BOARD
MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x
x x x
x
ISSUES	A94.54	IND£X NUMHR	A66.00	EXHIBITS SUBMITIED TOTHE BOARD
1 ORDER APPOINTING TIIE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LEITER OF NOTIFICATIO!'I
4 BRIEF OF PERSONNEL FlLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHTl3ITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBl:R

28 Sep 2016	FD-2016-00075
Al'PLICANl"SJSSOE A".ID TBE BOAJU>'S DECISIONAL MTIONALF ARE DISCUSSED ON 1llE.-TTAOIED AlJl FORCE DISCHAIWE R.EVIEW BOARD DECISIONAL RADO:<IJ.E

Case heard  in Washington , O.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)

..
.........,	--

INDORSEMENT	DATE:   lOliMOlo'
TO:	tOM:

SAF/MRBR

SECIU'.TARY OFTID!AIR FORCE PERSONNEL COUNCll.
AIR t'OllCE DlSCRARGI'. ll£Vl£W lilOAJU>
550 C STREET WEST,SUITE 40	1Sl5 COMMAND DR, EE WING,3RO no<>R
RANDOLPH AFB, TX78J50-4742	M'fDRl:WS AFB,MD ?0'/62-7001

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

AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2016-00075	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) but declined and requests that the review be completed based on the available service record .

Pursuant to I 0 USC § 1553 this board included a member who is a clinical psychologist or psychiatrist, or a physician with train ing 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 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 inthe 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 wrongfully using spice, distributing spice, and wrongfully endeavoring to impede an investigation by trying to influence the action of a witness by asking to alter her testimony to the Air Force Office of Special Investigation.

The board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the perti nent standards of equity and propriety. The applicant received a General discharge for Misconduct -Drug Abuse. The applicant states that his discharge should be upgraded based on his post-service conduct. He states that he would like a revision to his DD Form 214 to include information that might deter graduate schools or employers from confidently trusting him. The DRB was pleased to see that the applicant is doing well and attending school. However, the Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.
The Board concluded that the characterization of the appl icant's service was appropriate based on the m isconduct.

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