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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST1 FIRST MIDDLE LffTIAL)

HEARING DATE
2016-11-10

CASE NUMBER
FD-2016-00152

TYPE

PERSONAL APPEARANCE	X

NON-PERSONAL  APPEARANCE

COuNSEL·.·	NAME  OFCOUNSEL ANDOR ORGANIZATION
Yes	No

ADDRESS All'D OR ORGANIZATION OF COUNSEL

MEMBER SITTING	VOTE OF THE BOA.Ip>

HON

GEN	UOTHC	OTHER DENY
x
x
x

x
x

1	ORD.ER APPOINTING 1HEBOARD
2	APPUCATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BR.IEF OF PERSONNEL FILE
COUNSEL'SRELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBl\UTTED ATTIME OF PERSONAL
APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEAfUNO

Case heard in Washit:gton, 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 AFBC.MR.

TO:

SAF/MRBR
550 CSTREET WEST,SUITE 40 RANDOLPH AFB, TX 78150-4742

FlOM:

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVl&W BOARD
•	1Sl5COMJl!AND DR,&£ WINC, JRD FLOOR ANDREWS AFB, MD 2016! 7001
•	

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00152	

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.

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 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.  Inreviewing 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 incudes one charge of wrongful use of marijuana.

The applicant received an Under Other Than Honorabl Conditions discharge for conduct Triable by Court Martial.  The applicant contends that }).e has learned his lesson and has·been punished long enough.  He claims that he used Marijuana to self-medicate for symptoms of Post-Traumatic Stress Disorder.  He also claims that the stigma of revealing the frailty of his mental state led him to deciding to use marijuana.  The applicant requested 'and received an.unconditional involuntary discharge under AFI36-3208, Chapter 4 in Lieu of Trial by Court Martial.  After a review of the record, the Board found insufficient evidence of impropriety or inequity that would warrant an upgrade.  The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members.  The DRB coneiuded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air .Force career.  The characterization of the discharge received by the applicant was found to be appropriate.

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 miscpnduct or on his discharge. Additionally, the Board folJ.Ild no evidence to justify an upgrade of the discharge characterization.

CONCLUSION : The ·Discharge Review Board concludes that the discharge was consistent with the prbcedmal and substantive requirements of the discharge regulation,was within the discretion of the discharge authority, and that the applicant was provied 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