AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

AME OF SERVICE MEMBER (LAST, FIRST MIDDLE INlTIAL)

GRADE

AFSNISSAN

Y'PE GEN	PERSONAL    APPEARANCE	X	RECORD  REVIEW

I\>'ll:b		NAM E or COUNSEL AND OR ORGANIZATION YES	Nt
x

ADORE$ AND OR ORCANIZATION Of COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER	^DENY
x x x
x
x

ISSUES

AOI.00

INDEX NUM8ER

A66.00

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW Of DISCHARGE
LETTER OF NOTIFJCATION
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TOTHE BOARD
ADDITIONAL EXHIB ITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	^CASE ^NUMBER

05 Nov 2014

FD-2014-00168

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it 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
RANDOLPH AFB, TX 78150 4742

SECRETARY OF THE AIR FORCE PERSONNEL.COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
ms COMMAND o EE WING, JRO FLOOR
ANDREWS Afll, MD 20762·7001

AFBQ FORM 0-2077 , JAN 00

(EF-V2)

Previous

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE '      _FD-2014-00168

GENERAL: The applicant appeals for upgrade of discharge to honorable, to  change  the  reason  and authority for the discharge and to change the reenlistment code.

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 change of reason  and  authority  for discharge, and change of reenlistment code.

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 one Article 15, and one Letter of  Reprimand.  His  misconduct included underage consumption and use of marijuana.

Applicant submitted no issues regarding  inequity or impropriety of his discharge. The applicant believes that he deserves a second chance despite his discrepancies so that he may serve with his local police department. The DRB was pleased to see that the applicant is doing well and pursuing avenues to better his life. However, after review of the record, the Board found no evidence to indicate that the member was unaware of the Air Force policy of zero tolerance to drug use. The Board found the negative aspects of the willful misconduct outweighed the positive  aspects of the applicant's performance and concluded that the discharge was appropriate.

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