AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b)(6)
TYPE  GEN	I	PERSONAL     APPEARANCE	x	I	RECORD    REVJEW 	
COUNSIL	NAME OF COUNSEi, AND OR ORGANIZATION	ADDll.£SS AND OR ORGANIZATION OFCOUNSEL
Yl!S	No
x
VOTE OF THE BOARD
MEMBER    SITTlNG	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x
x
x
x x
ISSVES	A93.0l	INDEX  NUMBER	A66.00	EXHIBITS SUBMITTED TO THE BOARD
1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARG E 	
3 LETIER 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

HEARING DATE	CASE NUMB£R

11 Aug 2016	FD-2015-00614
.vl'UCANT'S ISSUB ANDTiii!BOARD'S DECISIONAL llAllONALB AltB DISCUSSED ONnm AlTA<l4ED AIR liOR.CEDISO!Alt(iE RJ!VIEW BOARD DECISIONAL IAnONALE.
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)

INOORSEMENT	DATE: 87t%720t6

SAF/MRBR	or

TO:	FROM:
Sl!:CRETARY	TH£ AIR FORCE PERSONNEL COUNCIL
AIR FORO: DISOIARGE liVJEW BOARD
550 C STREET WEST, SUITE 40	1535<-'OMMAND OJI, El!: WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB,MD 20762-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00614	

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 applicant was discharged for Misconduct - Drug Abuse with service characterized as Under Honorable Conditions (General). 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 Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety.  The applicant's record of service included two Article  l Ss and seven Letters of Reprimand.  His misconduct included wrongfully using marijuana (2x), driving a government motor vehicle at a speed of 97 miles per hour in a 65 mile per hour zone, failing to obey a lawful order, fabricating a story by saying that he was not scheduled to come in for training, receiving a traffic ticket for failing to provide proof of insurance, failing to attend an appointment, failing to sign in during the holiday work period, and failing his second fitness assessment within 24 month period.

The applicant contends that he should not be penalized indefinitely for the mistakes he made when he was young and immature.  He claims that he joined the Air Force at a young age and had trouble with his duties and supervisor. He also stated that he just didn't take life seriously during that time.  The DRB recognized that the applicant was 21 years of age when the discharge took place.  The Board opined that the applicant was no younger than the vast majority of first-term members who properly adhere to Air Force standards of conduct.  The DRB concluded that the characterization of the applicant's service was appropriate due to the misconduct.

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 on his 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