AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT CASE NUMBER FD-2020-00180 The applicant was discharged on 6 Jun 2018 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse). The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code and separation code. The board was conducted on 8 Sep 2020. The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using VIDYO Cloud Connect between Joint Base Andrews, MD, and the applicant's and counsel's locations on 8 Sep 2020. No witnesses were present and testified on the applicant's behalf. 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 and separation code. 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. Through counsel, the applicant contended the discharge was inequitable and improper and was not supported by the evidence in the case. The decision to punish the applicant under Article 15, UCMJ and then discharge him was based only on one witness statement who did not actually see the applicant use cocaine. Additionally, the applicant submitted to a urinalysis test within 48 hours of the alleged use that was negative for cocaine use. Therefore, the applicant contends there is no credible evidence to support the allegation that the applicant wrongfully used cocaine and the lack of evidence raises questions of the propriety of the discharge as well as the underlying nonjudicial punishment. A review of the record revealed a witness reported to OSI the applicant used cocaine with other Airmen at a house party that both the applicant and witness attended. OSI investigated the incident and interviewed other party attendees. During the course of the investigation a second witness reported the applicant had also admitted using cocaine at this party. The DRB considered the applicant's contention regarding the legality of the evidence used to discharge him and determined it was without merit. Although the applicant contends his urinalysis test was negative, proving he had not used drugs, the DRB concluded this was not relevant to this case based on the amount of time that had transpired since the use, the unknown quantity of cocaine that was consumed, and the corroborating statement from the second witness. Therefore, the DRB determined the applicant's discharge was supported by a preponderance of the evidence as required by AFI 36-3208. 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 13 Sep 2020. 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)