AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2016-00215	
					
GENERAL:  The applicant was discharged on 19 Jan 11 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of his discharge characterization to Honorable.  

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Joint Base Andrews, MD, on 3 Apr 18.  A witness was present and testified on the applicant’s behalf.  An additional exhibit was submitted at the hearing.  

The attached examiner’s brief (provided to applicant only), extracted from available service records, contains pertinent data regarding the circumstances and character of the applicant’s military service. 
  
FINDING:  The DRB voted 4 to 1 to deny the applicant’s request to upgrade his discharge characterization to Honorable.  It also voted not to change his discharge narrative reason or reenlistment eligibility code.

DISCUSSION:  The DRB, under its responsibility to examine the propriety and equity of an applicant’s discharge, is authorized to change the characterization of service and the narrative reason for discharge if such changes are warranted.  If applicable, the board can also change the applicant’s reenlistment eligibility code.  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 determine if the discharge met the pertinent standards of equity and propriety.  

The applicant’s record of service included one Letter of Reprimand for using cocaine.

The applicant made three main contentions.  First, he claimed his drug use confession was coerced by Air Force Office of Special Investigations agents and his chain of command.  Second, he argued his confession should not have been considered legally sufficient.  Third, he argued the separation authority made an error of discretion when he concluded the applicant did not meet the seven retention criteria included in AFI 36-3208 and made the decision to discharge him.

After reviewing the applicant’s entire service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The board noted the applicant previously admitted at least three times to using cocaine, but during the hearing, he stated he was not sure if he used it or not.  The board confirmed that the separation authority had the right to determine whether or not the applicant met the seven retention criteria listed in AFI 36-3208.  The board understood his position that retaining an Airman who used cocaine would not be “consistent with the interest of the Air Force in maintaining proper discipline, good order, leadership, and morale.”  The board concluded the negative aspects of the applicant’s willful misconduct was a significant departure from the conduct expected of all military members and outweighed the positive contributions he made during his military service.  

CONCLUSION:  The board found insufficient evidence of an inequity or impropriety that would warrant a change to the applicant’s discharge.  Therefore, the discharge received by the applicant was deemed to be appropriate and his request was not approved. 

The DRB results were approved by the board president on 11 Apr 18.  If desired, the applicant can request a list of the board members and their votes by writing to:  SAF/MRBR (CITU), 550-C Street West, Suite 41, Randolph AFB, TX  78150-4743.
  
Attachment:
Examiner's Brief