AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00378	
					
GENERAL:  The applicant was discharged on 3 Apr 08 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of her discharge characterization to Honorable, and a change to the discharge narrative reason.  The board was conducted on 30 Aug 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 her discharge characterization to Honorable, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 3K.

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 narrative 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, and one vacation of suspended nonjudicial punishment.  Her misconduct included:  wrongful use of marijuana; and failure to go at the prescribed time to appointed place of duty. 

The applicant contended the discharge was inequitable because it was based on hearsay, and because she was unable to provide the names of the individuals who were selling or using drugs.  The applicant states that she did not fail any drug tests, and was never a drug user during her military service.  The applicant insists that she was mentally and physically exhausted after a 10-hour interrogation, and was advised by her military legal counsel to sign the documents that admitted her use of marijuana.  The applicant insists that she informed her counsel that she did not use marijuana, but was advised to sign the documents anyway.  The applicant states that she still does not smoke, drink, or consume drugs of any kind.  She is requesting the upgrade in order to use the G.I. Bill.  

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 illegal drug use.  The board understood the applicant’s present service characterization renders her ineligible for Department of Veteran Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.

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 6 Sep 18.  If desired, the applicant can request a list of the board members and their votes by writing to:  Air Force Review Boards Agency, Attn: Discharge Review Board, 1500 West Perimeter road, Suite 3700, Joint Base Andrews, NAF Washington, MD 20762-6602.  
  
Attachment:
Examiner's Brief