...  --------·-  ----·------------------

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER {LAST,FIRSf MIDDLE INITIAL)
(b) (6) .

HEARING DATE
2016-12-01

CASE NUMBER
FD-2016-
00180
- --· -	·- --·. -·

TYPE

PERSONAL  APPEARANCE	x

·NON-PERSONAL  APPEARANCE

NAME OFCOUNS£L AND OR ORCANIUTIOl'I

ADDRESS AND OR ORGANIZA.nON OFCOUNS&

Yes	No

MEMBER SITTING

._:.,. ·..

HON	GEN	UOTHC	OTHER	DENY

(b) (6)	X$*
/	X$*
X$* X$* X$*

ISSUES

INDEX NUmER

E_x;Ei:mrrs Sl!J)MrrrEDTOir,RE·BOARD : ..
1	ORDER APPOINTING THE BOARD
2	APPLICATION FORREVJEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL Fil.E

....

,,. ..
.f ',

COUNSEL'S RELEASE TO THE BOARD

Case heard in Washington,D.C.

ADDITIONAL EXHIBITS SUBMITIED ATTIME OF  PERSONAL
APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

._,

.....,_ . .......,,

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

$ - Narrative Reason
* - Re-enlistment Code

(b) (6)

SICNATURE OFBOARJ> PRESIDENT

DATE:12/1SJ2016

TO:

SAP/MR.BR
550 C STREET WEST, SUTIE 40 RANDOLPH AFB,TX 78150-4742 .

FROM:

SECRETARY OTHE AlR FORCE PERSONM:L COUNCIL
AIR FORq DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE W!NC,3RD rLOOR ANDREWS MB. ID :Z076l-10tl

AFHQ  FORM  0-2077,JAN  00	(EF-V2)	Previol.)S edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00180	

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

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. 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 two Article 15s. His misconduct included absenting himself from place of duty without authority, wrongfully using marijuana, and wrongfully smoking spike with the intent to becom intoxicated.

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 improper due to neglect, lack of organization, apparent presence of impropriety, incorrect authority disapproving his leave, and his Air Force Good Conduct Medal not being mentioned. The DRB took note of the applicant's duty performance as documented by his performance reports, other accomplishments, and receipt of the Air Force Good Conduct Medal. After review of the record, the Board found no evidence to indicate that the applicant was unaware of his leave extension disapproval, or the Air Force policy of zero tolerance to drug use.

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 discharge. The Board found the negative aspects of the willful misconduct outweighed the positive aspects of the applicant's performance and concluded that there was no evidence to justify an upgrade of the discharge characterization, change of reason 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