AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00550	
					
GENERAL:  The applicant was discharged on 12 Jul 17 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 8 Feb 18.  

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.   

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 Article 15 for wrongful use of Lysergic Acid Diethylamide (LSD) and making a false official statement with the intent to deceive.  

The applicant contended the discharge was improper because he was “convicted” by his commander and not by court-martial.  He also claimed he was discharged without being afforded an Administrative Discharge Board.  Additionally, he asserted his commander relied on erroneous evidence and statements that were not true to prove his guilt.  

The DRB noted there is no requirement to be convicted by a court-martial in order to be discharged.  At the time the applicant received the Article 15, he could have turned it down and requested a trial instead.  The DRB determined the applicant was not entitled to an Administrative Discharge Board as he did not meet the eligibility criteria outlined in paragraph 6.22. of AFI 36-3208.  After reviewing the service record, the DRB 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 willful misconduct outweighed the positive aspects of 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 16 Mar 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