AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
HEARING DATE
2016-12-01

CASE NUMBER
FD-2016-00169

TYPE	PERSONAL  APPEARANCE	x	NON-PERSONAL  APPEARANCE

. .COUNSEL:..:.:  NAME OFCOUl'<'SELAND OR ORCANIZATION
• ·•	'  •     ,,.,  lt, '···

Yes	No

ADDRESS AND OR ORCAl\1ZAT ONOF COUNSEL

MEMBER SITIING

HON

GEN	UOTHC	OTHER	DENY
x
x
x
x
x

ISSUES	IND£XNUM1111.lt

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTrFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL
APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
I

Case heard ln Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal ppearance with/without counsel, and the right to submit an application to the AFBCMR.

TO:

SAFIMRBR
550CSTREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

fROM:

SECRETARY OFTH&AIR FORCEPERSONNEL COUNCIL
AIR FORCE DISCHARGERE\IEWBOARD 1535 COMMAND DR, EE WING, 3Rl> FLOOR A.'«lR£WSAFB,MD20761-7001

AFBQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00169	

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: After a review of the record, the Board majority voted to grant relief as discussed below.

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 includes one Letter of Reprimand for wro.ngfully using marijuana on ·several occasions while on leave to purposely be discharged from the Air force.

The applicant received an Under Other Than Honorable Conditions discharge for Misconduct -Drug Abuse. The applicant claims that his mental health played a part in his decision to use marijuana. He stated that the benefits from receiving an Honorable discharge would help his family. After a thorough review of the record and the information supplied by the applicant, the DRB found significant mitigating factors in regards to the discharge tht suggests issues of inequity. The characterization of the discharge is inconsistent with normal standards of discipline: Although the Board does not condone applicant's misconduct; the Board determined that an upgrade to the characterization is warranted.	·

The applicant cited his desire to receive benefits as justification for an upgrade to honorable. The Board is aware that the applicant's present service characterization renders him ineligible for Department of Veteran Affairs benefits; however, this is not a matter of inequity or improp}.iety which would warrant an upgrade to honorable.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by a General Under Honorable Conditions discharge under the provisions of 10 USC §1553.	.

Attachment: Eaminer's  Brief