1

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

X   RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING
x x x x
'L--------------------------------------------	x
ISSUES	INDEX NUMBER

AOl.07, AOl.13, A93.17	A66.00
1	
ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
1	
BEARING DATE
03-05-16

CASE l\IUMllER
FD2002-0517

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel.

DD Fm 149 submitted. The case will be forwarded to the AFBCMR for further processing.

AF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0517	
GENERAL: The applicant appeals to change the reason and authority for his discharge.

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS: Change of reason and authority for the discharge are denied.
The Board finds that neither the evidence of record nor that provided by applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for misconduct, namely drug abuse. He received an Honorable service characterization due to having self-identified as a drug abuser and there being no  other derogatory information against member. Applicant advises during a period of depression he fell into drug and alcohol abuse, but decided to seek treatment when the substance abuse was getting out of control. Member admitted using cocaine three times while on active duty to his mental health providers and was also diagnosed alcohol dependent. He successfully completed an in-patient treatment program and had hopes of being retained. Although applicant concedes he signed his DD Form 214 discharge documents acknowledging his discharge reason as misconduct, he didn't realize the full effect of doing so and the negative impact it would have; he also believed he was being discharged for "convenience of the government." The record shows that at the time of the discharge member consulted counsel and waived his right to submit statements in his own behalf. Furthermore, member did not request he be considered for retention at the time of the discharge, and had he, the burden would have been his to show he met the seven retention criteria. The Air Force's drug policy was well publicized and members were continually made aware that illegal drug use was not tolerated. The Board noted that drug abuse is not compatible with Air Force standards; although member self-identified, the seriousness of member's misconduct warrants the discharge for misconduct he received. The Board could find no inequity or impropriety on which to base a change of discharge reason or authority.

Applicant states his defense counsel and others in the Air Force told him that if he completed 30 months service and received an honorable characterization of service, he would be discharged for "convenience of the service," thus allowing him to retain access to Montgomery G.I. Bill education benefits. Chapter 30 of Title 38, U.S. Code provides that in order to use these benefits after separation, a member must have served 3 years, unless separated early for certain reasons, one of which is "convenience of the government," in which case they must only have served 30 months. Misconduct and I or drug abuse are not among the reasons for early separation under which only 30 months' service is required in order to use these benefits. The records review disclosed no documentary evidence to substantiate that applicant was told he would be discharged for "convenience of the government." In fact, the letter of notification clearly shows that the reason for discharge is "specifically drug abuse," and applicant acknowledged receipt and understanding of that notification. In the absence of documentary evidence to the contrary, the Board could find no impropriety in this regard and finds the issue without merit.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and 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, thus the applicant's discharge should not be changed.

Attachment:  Examiner's Brief