AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00132	
					
GENERAL:  The applicant was discharged on 28 Jan 2019 in accordance with AFI 36-3208 with a(n) General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of his / her discharge characterization to Honorable.  The board was conducted on 19 May 2020.  

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, 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 an Article 15 for wrongful use of marijuana.

The applicant contended the discharge was inequitable it was based on one isolated incident for being a victim of harassment.  He states that he was forced to move out of his dorms, he felt lonely due to lack of relationships.  He was never around drugs or alcohol prior to the incident and did not know about bad relationships until he met someone.  He was taken advantage of his innocence and introduced/pressured him to do things that he was vulnerable to.  He claims that during a fight, he was stabbed and the perpetrator tried taking their own life, which prompted the investigation he was involved in.  He is requesting for the upgrade to put this behind him and have the opportunity to achieve his goals for himself & his family.  

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 took note of the applicant's duty performance as documented by his performance reports, awards and decorations, and other accomplishments.  The DRB determined that, through the administrative actions taken by the chain of command in this case, the negative aspects of the applicant’s service outweighed the positive contributions he made during his Air Force career.    

Upon review of the applicant’s service record, the board was not able to find any documentation regarding the discharge.  Since the board relies on the presumption of regularity, it concluded the discharge received by the applicant was appropriate.  

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 29 May 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)