AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2016-00409	

GENERAL: The applicant was discharged on 4 Oct 13 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 board was conducted on 30 Nov 17.

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined and requested the board be completed based on a records only review. The applicant was represented by counsel,

Pursuant to 10 USC §1553, the board included a member who is a clinical psychiatrist with training on mental health issues connected with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and training on mental health disorders.

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 unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable.

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 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 was missing the discharge package and the applicant did not provide any supporting documentation.

The applicant contended the discharge was inequitable because it was based on one isolated incident during a five-year career. He also noted he received many awards and honors while in the service. The applicant requested the upgrade in an effort to gain access to GI Bill education benefits.

Because the applicant’s service record did not include his discharge package, the board relied on the presumption of regularity since there was no evidence of impropriety or inequity to warrant an upgrade of the discharge.  It also found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for drug use. The board found the negative aspects of the applicant’s misconduct outweighed the positive aspects of his military service. The board understood 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.

After a thorough review of the service record and inputs from the board’s psychiatrist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge.

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 7 Dec 17. 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