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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00712	

GENERAL:	The applicant  appeals  for upgrade  of discharge  to  l lonorable  and  to change  the  narrative reason for the discharge.

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 avai lable pertinent data on the applicant and the factors leading to the discharge.

FINDING:	The  Board  denies the upgrade  of the discharge  and  the change  of reason  and  authority  for discharge.

ISSUE: The applicant received a General discharge for Misconduct - Drug Abuse

The Air Force Discharge Review Board, under its responsi bili ty to examine the propriety and equity of an applicant's discharge, is authorized to change the characterization of service and the reason for discharge i f such change is warranted. In reviewing discharges, the Board presumes regularity i n the conduct of governmental affairs unless there is substantial cred ible 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 ensure the discharge met the pertinent standards of equity and propriety.  The applicant's record of service included one Article  15 for use of marijuana.

The applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant does submit that an upgrade would better his opportunities with his career and his ability to support his family.
After review of the records, the Board found no evidence to indicate that the applicant was unaware of the Air Force policy of zero tolerance to drug use.  Notwithstand ing the applicant's claim that this was an isolated incident, the Board found the seriousness of drug abuse affords the commander the authority to pursue administrative discharge to uphold good order and discipli ne, regardless of whether or not the member has an otherwise clear record. The Board found the negati ve aspects of the willful misconduct outweighed the positive aspects of the applicant's performance and concluded that the discharge was appropriate.

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 characterization or reason for discharge.

CONCLUSION: The Discharge Review Board concludes that the  discharge was consistent with the procedural and substant ive requi rements of the discharge regulat ion. was within the discretion of the discharge authority, and that the applicant was provided ful l administrati ve due process.

In view of the foregoi ng 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