AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00429 |
| 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: The record indicates that the applicant was discharged for Misconduct-Drug Abuse. Applicant contends he was struggling with adapting military life and his discharge was the result of improper guidance and counsel from his supervisor and first sergeant. He also stated that each time he sought help he was confronted with indifference, which in turn resulted in him experiencing external stress beyond his ability to cope. The records indicated the applicant received an Article 15 dated 21 October 2008 for wrongful use of marijuana and failure to go to duty on time. According to AFI 36-3208, paragraph 5.54, Misconduct: Drug Abuse, drug use is incompatible with military service and Airman who abuse drugs one or more times are subject to discharge. Drug abuse for the purpose of this regulation is the illegal, wrongful, or improper use, possession, sale, transfer, or introduction onto a military installation of any drug. This includes improper use of prescription medication. The term drug includes any controlled substance in schedules I, II, III, IV, and V of Title 21 U.S.C., Section 812. 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 one year and two 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.
The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on October 16, 2007) that he understood he must receive an Honorable discharge to receive future educational 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 DRB was pleased to see that the applicant was doing well and has a good job. 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.
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 | CY2013 | FD-2013-00440_13
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AF | DRB | CY2013 | FD-2013-00378_13
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AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDGRADEAFSNfSSANX RECORDREVIEWADDRESSAHi>ORORGANIZATIONOFCOUNSELISSUESA93.01INDEXNUMBERA67.10HON GEN UOTHC OTHERA93.07 A66.00 1 ORDERAPPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LEITER OFNOTIFICATION4 BRIEFOFPERSONNELFILECOUNSEL'S RELEASETOTHEBOARDADDmONALEXHIBITSSUBMilTEDATTIME OFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGllt:ARJNGDATE CASENUMBEROSSep2013...
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GENERAL: Theapplicantappealsforupgradeofdischargetohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
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AF | DRB | CY2013 | FD-2013-00459_13
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AF | DRB | CY2013 | FD-2013-00665
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AF | DRB | CY2013 | FD-2013-00487_13
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AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADERSONALAPPEARANCE x RECORDREVIEWADDRESSANDORORCANIZATIONOFCOUNSELMEMBERSITTING HON GEN UOTHCOTHER DENY INDEXNUMBERA66.001 ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDlSCHARGE3 LETTEROFNOTlFICATION4BRIBFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPEARANCEX+*TAPERECORDINGOFPERSONALAPPEARANCEHEARINGH£AIUNG DATE CASI:NUMBER03Oct 2013...