AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00353 |
| 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: Upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code are denied.
The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.
ISSUE: The record indicates that the applicant was discharged for Misconduct-Drug Abuse. Applicant contends he was manipulated by OSI investigators and admitted to using Spice on several occasions in the fall of 2009. He also contends the Policy Letter dated 21 November 2007 he acknowledged never prohibited the use of Spice. However, the policy letter does prohibit the use of "herbal mixtures" for the purpose of "altering mood or function." The record indicates applicant received an Article 15 for wrongful use of Spice on or about 1 August 2009 and on or about 18 November 2009. The fact Spice was not specifically listed as a prohibited substance in the Commanders Policy Letter does not exclude its use from being a basis for discharge per AFI 36-3208, paragraph 5.54, which states, "Drug abuse is incompatible with military service and airmen who abuse drugs one or more times are subject to discharge for misconduct." According to Paragraph 5.54.1 defines drug abuse broadly to include "illegal, wrongful, or improper use, possession, sale, transfer, or introduction onto a military installation of any drug." The term "drug" is also defined broadly to include not just illegal or controlled substances, but also "any intoxicating substance, other than alcohol, that is inhaled, injected, consumed, or introduced into the body in any manner for purposes of altering mood or function." The Board did not find because the word 'Spice" not being included in the Policy Letter automatically make the applicant's Article 15 and discharge based on drug abuse improper. After review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in his four years and eight months of service 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.
Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.
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
AF | DRB | CY2011 | FD-2009-00730
The applicant appeared and testified before the Discharge Review Board (DRB) without counsel at Andrews — AFB on 21 Jun 2012. In his testimony , he described the effects of the products similar to smoking a Newport and described Spice as providing a longer “boost.” The fact Spice was not specifically listed as a prohibited substance until June 2010 does not exclude its use from being a basis for discharge per AFI 36-3208, paragraph 5.54, which states, "Drug abuse is incompatible with...
AF | DRB | CY2013 | FD-2013-00193_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorableandtochangethereasonand authorityforthedischarge.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: Therequestsfortheupgradeofthedischarge,andtochangeofreasonandauthorityfor dischargearedenied. ISSUE: Applicant...
AF | DRB | CY2013 | FD-2013-00490
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonand authorityforthedischarge,andtochangethereenlistment code. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel,atJoint BaseAndrews,Maryland,on21August2014. Theattachedbrief contains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD 2013 00490
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonand authorityforthedischarge,andtochangethereenlistment code. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel,atJoint BaseAndrews,Maryland,on21August2014. Theattachedbrief contains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2015-00013
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2015 | FD-2014-00401
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable,tochangethereasonandauthorityforthedischarge,and tochange thereenlistmentcode. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereview becompletedbasedontheavailableservicerecord. Theattachedbrief containsavailablepertinentdataontheapplicantandthefactors leadingtothedischarge.
AF | DRB | CY2011 | FD-2011-00008
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. FINDING: The Board denies the upgrade of the discharge. The record indicates that the applicant received a Letter of Reprimand for wrongful use of spice.
AF | DRB | CY2013 | FD-2013-00671
AIRFORCEDISCHARGEREVIEWBOARDHEARING RECORDNAMEOFSERVICEMEMBER (lAST,FIRST MIDDLEINITIAL) GRADE AFSNISSAN X RECORDREVIEWADDRESSANDORORGANIZATIONOFCOUNSEL INDEXNUMBER A66.00 GENUOTHCOTHER DENY x1 ORDERAPPOINTINGTHEBOARD2 APPLICATIONFOR REVIEWOFDISCHARGELETTER OF NOTIFICATIONBRIEFOFPERSONNELFILECOUNSEL'SRELEASETO THEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPEARANCETAPERECORDINGOF PERSONALAPPEARANCEHEARINGHEARINGDATE CASENUMBER OSFeb2014FD-2013-00671CaseheardinWashington,...
AF | DRB | CY2013 | FD-2013-00759
GENERAL: The applicantappeals forupgradeofdischargetohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbecompleted basedontheavailable servicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00396
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: TheapplicantreceivedaGeneraldischarge forMisconduct...