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

 TYPE  BCD	I	PERSONAL APPEARANCE				x	I	RECORD REVIEW
·;: q	·:.r: · NAM& OF COUNSEL AND ORORCAN ZATION	ADDRESS AND OR ORCANIZATION OF COUNSEL
YES	No
x
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MEMBER    SIITING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x x x
x

ISSUES	A93.17	INDEX NUMBER	A68.00

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1 ORDER APPOINTING TIIBBOARD
2	APPLICATION FORREVIEW OFDISCHARGE	 	
3	LEITER OFNOTIFICATION
4	BRIEFOF PERSONNEL FD..E
COUNSEL'S RELEASE TOTHE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TJNIE OF PERSONAL  APPEARANCE
TAPE RECORDING OFPERSONAL APPEARANCE l:IEARrnG

HEARING DATE	CASENUMBER

12 Oct 2016	FD-2016-00106
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Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to apersonal appearance with/without counsel, and the right to submit an
application to the AFBC:MR.

(b) (6)	"

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TO:	FROM:
SAF/MRBR	SECRETARY OF"f11E AIR !'ORCE P&RSONNEL COUNCIL

550 C STREET WEST, StnTE 40

AIR FORCE DISCHARGE REV EW BOARD ISJS COMMANDDR,E&WING,3JW FLOOR

RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MO 20762-7001

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

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00106	

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 availble service record.

Pursuant to 10 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 trawnatic 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 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 wrongfully using marijuana, wrongfully possessing marijuana, wrongfully introducing marijuana onto an installation used by the Armed Forces, and wrongfully distributing marijuana.

The Board copleted a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety. The applicant received a Bad Conduct Discharge, as part of his sentence resulting from a Special Court-Martial conviction. The applicant claims that his experiences from being deployed to Iraq and Kuwait were the contributors to his marijuana use. 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. Under the provisions of Titlel 0, United States Code, Section 1553, the only basis for a  change of a Bad Conduct Discharge is clemency. The applicant presented no evidence warranting a grant of clemency.

CONCLUSION:   The Discharge Review Board concluded that the applicant's punitive discharge by Special Court-Martial is appropriate under the facts and circumstances of this case and there is insufficient basis, as an act of clemency, for change of discharge.

Attachment: Examiner's Brief