| R SITTING | HON | GEN | UOTHC | OTHER | DENY |
| X* | |||||
| X* | |||||
| X* | |||||
| X* | |||||
| X* |
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00632 |
GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority 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 available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The request for the upgrade of the discharge and to change the reason and authority for discharge is denied.
ISSUE: Applicant received a General discharge for Misconduct -Drug Abuse
Applicant contends discharge was inequitable because it was too harsh and does not give a true reflection of his service. The record indicates that the applicant received an Article 15 for the use of Spice on several occasions. In his application to the Board, the applicant states his Spice use was a result of his Post Traumatic Stress Disorder (PTSD). He then states he used Spice unknowingly. In his response to the discharge he took full responsibility for his misjudgment regarding the Spice use. After review of the record, the Board found no evidence to indicate that the applicant's use of Spice was related to his PTSD, nor did the Board find evidence that he did not know right from wrong or that in his five years and three 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 5 December 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.
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-2013-00328_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonandauthorityforthedischarge,andtochangethereenlistmentcode.Theapplicant appearedandtestifiedbeforetheDischarge ReviewBoard (DRB),without counsel,atAndrews AFBon01Aug2013. Thefollowingadditionalexhibitsweresubmittedatthehearing:Exhibit#5:Applicant'sContentionsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:...
AF | DRB | CY2013 | FD-2013-00452_13
GENERAL: Theapplicant appealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbased ontheavailableservicerecord. Theattachedbriefcontainsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.
AF | DRB | CY2013 | FD-2013-00178_13
GENERAL: Theapplicantappeals forupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailable servicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:...
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-2013-00532_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADEX RECORDREVIEWADDRESSANDORORGANIZATIONOF · COUNSEL.,..........----:- ------ - --- --·...,.........._.."! G HON GEN UOTIIC1ORDERAPPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LETTER OFNOTIFICATION4 BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARING Drawn Shape (ignored-not implemented yet) Drawn Shape...
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...
AF | DRB | CY2015 | FD-2014-00633
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. The applicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdeclined andrequests thatthereviewbecompleted based ontheavailableservicerecord. Theattached briefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00288_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICE MEMBER(LAST,FIRSTMIDDLEINITIAL)GRADEAFSNISSAN x PERSONALAPPEARANCENAMEOFCOUNSELANDORORGANIZATIONRECORDREVIEWADDRESSANDORORGANIZATIONOFCOUNSELMEMBERSITTING • i l I ' iGEN UOTHCOTHER DENY Drawn Shape (ignored-not implemented yet) \ l I ! I l X+* Drawn Shape (ignored-not implemented yet) I I l l t ' Drawn Shape (ignored-not implemented yet) I ! I ' II \ 1 \ I l IX+*X+* !'
AF | DRB | CY2013 | FD-2013-00591_13
Drawn Shape (ignored-not implemented yet) AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDGRADE AFSN/SSANX RECORDREVIEADDRESSANDORORGA.NIZATIONOFCOUNSEL Drawn Shape (ignored-not implemented yet) Drawn Shape (ignored-not implemented yet) Drawn Shape (ignored-not implemented...
AF | DRB | CY2015 | FD-2015-00134
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorableandtochangethereasonand authorityforthedischarge.The applicantwasofferedapersona]appearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted based ontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: The Board denies the upgrade of the discharge and change of reason and authority for discharge. ISSUE:...