AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  

CASE NUMBER

FD-2019-00540
      					
GENERAL:  The applicant was discharged on 04 May 2018 in accordance with AFI 36-3208 with a(n) General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The board was conducted on 29 Oct 2019.  

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 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 an Article 15, a Letter of Reprimand, and a Letter of Counseling. His misconduct included:  wrongful use of marijuana, dereliction of duty and being late to work.

The applicant made no contentions that the discharge was inequitable/improper.  He cited his desire to receive G.I. Bill benefits as justification for an upgrade to the service characterization.  He states that he was unable to complete the requirements for his career field and would like to pursue the same career in the civilian sector.  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 DRB reviewed the applicant's entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The board understood the applicant's present service characterization renders him ineligible for Department of Veteran Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  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 xx Aug 17.  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
3351 Celmers Lane
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief (Applicant Only)