AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00081	
					
GENERAL:  The applicant was discharged on 7 May 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 18 Oct 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 not 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 included:  one Special Court-Martial, one Article 15, two Letters of Reprimand, and four Letters of Counseling.  His misconduct included:  discharging a 150-pound gas extinguisher without the presence of a fire, failure to go at the time prescribed to appointed place of duty (x5), failure to wear appropriate personal protective equipment, failure to use the correct technical order, willfully damaging a barn by shooting it and stripping it of copper wire, wrongfully possessing methamphetamine, wrongfully using hydrocodone and oxycodone, and wrongfully soliciting someone to distribute controlled substances.    

The applicant contended the discharge was improper because he never used drugs or failed a urinalysis test.  He also claimed he was singled out by his commander, but did not provide any supporting evidence.

The DRB determined that, through the multiple administrative actions taken by the chain of command in this case, the applicant had ample opportunities to change his negative behavior.  After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for drug use.  It found the seriousness of the applicant’s willful misconduct outweighed the positive aspects of his service 

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 16 Nov 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