AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
(b) (6)	HEARING DATE
2017-04-18	CASE NUMBER FD-2016- 00422	
TYPE		PERSONAL APPEARANCE	X	NON-PERSONAL APPEARANCE	
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL	
Yes	No			
	
X			
MEMBER SITTING	VOTE OF THE BOARD	
	HON	GEN	UOTHC	OTHER	DENY	
(b) (6)					X	
(b) (6)					X	
(b) (6)					X	
(b) (6)					X	
(b) (6)					X	
(b) (6)						
ISSUES	INDEX NUMBER	EXHIBITS SUBMITTED TO THE BOARD	
		1	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LETTER OF NOTIFICATION	
		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	
APPLICANT’S ISSUE AND THE BOARD’S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.	
Case heard in Washington, D.C.

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 AFBCMR.

(b) (6)

SIGNATURE OF BOARD PRESIDENT	DATE: 5/26/2017	
TO:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001	
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00422	

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 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: conviction by Special Court martial of wrongfully using marijuana and wrongfully using oxycodone.

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 inequitable because the misuse was a form of self-medication. He insists that the medication that was prescribed for both mental health issues and back pain were not effective, even when coupled with physical therapy. The applicant also contends that the confinement and reduction of rank was too harsh. The applicant believes that the personal awards and decorations should overshadow the minor offenses. The DRB opined that, the applicant received the appropriate level of administrative action based on the misconduct. The DRB took note of the applicant's duty performance as documented by his performance reports. However, the Board reviewed the entire record and found no evidence to indicate that the applicant was unaware of the Air Force policy of zero tolerance to drug use. The Board found the negative aspects of the willful misconduct outweighed the positive aspects of the applicant’s performance and concluded that the discharge was appropriate

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.

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