AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME Of SERVICE MEMBER (LAST,FIRSTMIDDLE INIT1AL)

GRADE

AFSNISSAN

X

RECORD REVIEW

ADDRESS AND OR ORGANIZATION or COUNSEL

MEMBER SITTING

HON

GEN

UOTHC	OTHER

DENY
x
x x x
x

JSSIJ'ES

A92.17

INOU NUMBER
A66.00

| 1 | ORDER APPOINTING lliEBOARD
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LEITER OF NOTIFICATION
4 | BRIEF OF PERSONNEL flLE
| COUNSEL'S RELEASE TO Tli£ BOARD
| ADDITIONAL EXHIBITS SUBMITTED ATTIME OF PERSONAL  APPEARAN CE
| TAPE RECORDING OF PERSONAL APPEARANCE HEARING
| HEARJNC DATE | | | | CASENUMBRR | |
| 04 Sep 2 | 014 | | | | FD-2014-00157 | |
| '	• | • | ' | • | , -:"'"; . |
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Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant's request.

SAF/MRBR
550 C STREET WEST, SUITE 40 RANOOLPH AFB, TX 78150-4742

SECRETARY Of THE AIR FORCE Pt:RSONNEL COUNCIL
AIR FORCE DISC11ARC£ REVIEW BOARD JSJ.5 COMMAND DR, EE WINC. 3RD FLOOR ANDREWS AFB. MD m6J.7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBER

FD-2014-00157

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered  a personal  appearance before the Discharge Review Board  (DRB) but declined and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge.

The Board  finds that  neither  the  evidence  of record  nor  that provided  by the  applicant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUE:  Applicant received a General discharge for Misconduct:  Drug Abuse.

The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an Applicant's discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. 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 did complete a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The Applicant's record of service included two Article 15s. His misconduct included underage alcohol consumption and wrongful use of Spice on divers occasions.

Applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant does submit that he served his country for almost four years with two deployments and that he made some mistakes.  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The Board noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) that he understood that he must receive an honorable discharge to receive future education entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.  The Board found that the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.   The Board was pleased to see that the applicant was currently going to school for Gaming Simulation and Programming.
However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his term of service.

A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process.

In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief