| AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD | ||
| GRADE |
AFSNfSSAN | |
| X RECORD REVIEW | ||
| ADDRESS AHi> OR ORGANIZATION OF COUNSEL |
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00478 |
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 and minor disciplinary infractions, with Drug Abuse as the primary basis of misconduct. Applicant contends he was under a tremendous amount of stress due to marriage problems. The record indicates the applicant received a Vacation action for wrongfully using marijuana between on or about 4 December 2012 and on or about 4 January 2013. 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 four years and four 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.
In addition to the non-judicial punishment for Drug Abuse, the applicant received two Article 15s and two Letters of Reprimand. His misconduct included failure to refrain from smoking in the dorm, failure to report another airman for smoking in the dorm, lied indicating he had an appointment that never existed resulting in failure to go to duty on time, lied indicating he reported for a scheduled appointment but was turned away when in fact the applicant cancelled the appointment and rescheduled to later date, failure to go to duty on time, and slept on post. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. Although not specifically stated, applicant contends that he should not be penalized indefinitely for mistakes he made when he was young. The DRB recognized the applicant was 22 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.
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 December 8, 2008) that he understood he must receive an Honorable discharge to receive future educational entitlements. |
AF | DRB | CY2013 | FD-2013-00533_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADEAFSNISSANX RECORD REVIEWADDRESSANDORORGANll.ATIONOFCOUNSEL Drawn Shape (ignored-not implemented yet) Drawn Shape (ignored-not implemented yet) Drawn Shape (ignored-not implemented yet) Drawn Shape (ignored-not implemented...
AF | DRB | CY2013 | FD-2013-00487_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthe discharge.
AF | DRB | CY2013 | FD-2013-00624
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDGRADE AFSN/SSANX RECORDREVIEWADDRESSANDORORGANIZATIONOFCOUNSELMEMBERSITTINGHON GEN UOTHC OTHERxA93.01A67.10A66.00lORDERAPPOINTINGTHEBOARD 2 APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL"SRELEASETOTHEBOARDADDfflONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHEARINGDATE CASENUffiER10Jan2014 FD-2013-00624CaseheardinWashington, D.C.Adviseapplicantofthe decisionofthe...
AF | DRB | CY2013 | FD-2013-00407_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.
AF | DRB | CY2015 | FD-2015-00218
GENERAL: The applicantappeals forupgradeofdischargeto Honorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbecompletedbased ontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthe discharge.ISSUE: The applicantreceivedaGeneraldischargeforMisconduct-Drug Abuse
AF | DRB | CY2013 | FD-2013-00492_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDX RECORDREVIEWADDRESSANDOR ORGANIZATIONOPCOUNSELA92.21A93.0lINDEXNUMBERHON GEN UOTl;IC OTHER 1 ORDERAPPOINTINGTHEBOARD2 APPLICATION FORREVIEWOFDISCHARGE3 LETTEROFNOTIFICATION4 BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCE HEARINGHEARINGDAH CASENVMllER03Oct2013FD-2013-00492Caseheardin Washington,D.C.Adviseapplicantofthedecision oftheBoard,theright...
AF | DRB | CY2013 | FD-2013-00756
GENERAL: Theapplicant appealsforupgradeofdischargetohonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00805
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEJNlTlAL)PERSONALAPPEARANCE , ... .., NAIEorCOUl'o'.S £ LANOORORGANIV.TIONGRADE AFSN/SSANX RECORDREVIEW-'ODRF,SSA,0ORORCANIV.TIONOFCOUl'SELMEMBERSITTINGVOTE01'nn:BOHON GEN UOTHC OTHER DENY xISSUESA94.53INDEX1'1UM81:R A67.10 EXUIBITSSOBMJ'r'fEDT-0T 1 .RD1ORDERAPPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3LETTEROFNOTIFICATION4...
AF | DRB | CY2010 | FD-2008-00408
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. He stated that the stress became too much and he decided to smoke marijuana, which his wife obtained for him at his request. While the applicant appeared to have otherwise good service during his time in the Air Force, the Board could find no inequity or impropricty in his general discharge for marijuana use, the standard...
AF | DRB | CY2013 | FD-2013-00525_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADERSONALAPPEARANCE x RECORDREVIEWADDRESSANDORORCANIZATIONOFCOUNSELMEMBERSITTING HON GEN UOTHCOTHER DENY INDEXNUMBERA66.001 ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDlSCHARGE3 LETTEROFNOTlFICATION4BRIBFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPEARANCEX+*TAPERECORDINGOFPERSONALAPPEARANCEHEARINGH£AIUNG DATE CASI:NUMBER03Oct 2013...