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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00162	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

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 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 applicant's record of service included one Letter of Reprimand for wrongfully using marijuana.

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 pertinent standards of equity and propriety.  The applicant	

received a General discharge for Misconduct - Drug Abuse.	The applicant contends the discharge was · inequitable  because  he still met the retention  criteria in accordance with AFI 36-3208 para  5.54.4.2, improper  because  the incident  occurred  prior  to  entering  the  military,  and  lastly  that  the  discharge characterization is a poor representation of his 4 years of service.  The DRB determined that the applicant did not meet all seven of the criteria listed in AFI 36-3208 para 5.'54.4.2.1. The Board found that the documented dates of the marijuana use occurred while the applicant was performing military service,. and not before.  After review of the ,record, the Board found no evidence to indicate that the applicant was unaware of the Air Force policy of zero toleranc to drug use. The DRB recognized that the applicant had served over four years before the discharge was nitiated, but concluded that the applicant's misconduct outweighed the positive aspects of his time in the Air Force. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.		·	·

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, the Board found no evidence to justify an upgrade of the discharge characterization, change to the reason for the discharge or 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 ws 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