AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  

CASE NUMBER

 FD-2019-00671
      					
GENERAL:  The applicant was discharged on 22 Feb 19 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge for In Lieu of Trial by Court Martial.  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The board was conducted on 11 Feb 20.  

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 made no contentions that the discharge was inequitable or improper.  The applicant states that he unknowingly attended a party where drugs were present, and mysteriously failed a urinalysis a few days later.  The applicant insists that he never distributed marijuana.  He states that he simply sent a text to someone instructing them to remove the substance they left at his home.  He is requesting the upgrade in order to gain access to the G.I. Bill.

The DRB reviewed the applicant's entire record and found that he submitted and was approved for a Chapter 4 separation with the discharge characterization of UOTHC.  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 concluded the seriousness of the applicant's willful misconduct offset the positive aspects of his 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 27 Apr 20.  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)