(b) (6)

(b) (6)

(b) (6)

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00239	

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. In reviewing discharges, the Board prsumes 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 Article 15; three Letters of Reprimand; and two Letters of Colinseling. His misconduct included wrongfully using oxymorphone, a schedule II controlled substance; stealing a roommate's prescription medication, of a value under $500; failing to report to two mandatory appointments; failing fitness assessment (2x); reporting late for duty and having a blood alcohol content of .05, driving to Air Force. Alcohol and Drug Abuse Prevention and Treatment (ADAPT) appointment impaired; failing to report to mandatory dental appointment.

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 is requesting an upgrade in order to be eligible for education benefits, but did not provide supporting documentation. After review of the applicant's service record, the Board found no evidence to indicate that the applicant was unaware of the Air Force policy of zero tolerance to drug use. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The DRB noted the applicant had served two years and seven months before the discharge was initiated, but concluded that the applicant's misconduct outweighed the positive aspects of his time in the Air Force.  The Board is aware that the applicant's present service characterization renders him ineligible for Department of Veteran Affairs. education benefits; however, this is not a matter of inequity or impropriety which would warrant an upgrade.

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. . Additionally, the Board found no evidence to justify an upgrade of the discharge characterization, change of reason and authority 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