AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00145 |
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
ISSUE: Applicant received a General discharge for Misconduct: Drug Abuse.
Applicant contends discharge was inequitable because it was based on a few bad decisions during his almost three years of service. The records indicated the applicant received one Letter of Reprimand for inhaling a product called "Rush" which contains the chemical Amyl/butyl Nitrate. The record shows that the applicant admitted to wrongfully inhaling "Rush." Although not a basis for discharge, the applicant received two additional LORs for misconduct that included driving a GOV while under strict orders not to and operating a POV while impaired by alcohol. 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 almost three years 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 DRB was pleased to see that the applicant received his Master's in Accountancy and currently works for the Air Force Audit Agency. However, no inequity or impropriety in his discharge was suggested or found over 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 | CY2010 | FD-2009-00145
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AB fe x RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL (2 NOTE OF THE BOARD ee HON GEN UOTHC OTHER DENY Xx Xx Xx Xx anf eer Xx ISSUES 492.35 INDEXNUMBER 467.90 oe HIBITS SUB TO THE BO: 1 [ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF DISCHARGE 3 | LETIER OF NOTIFICATION |4 | BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT...
AF | DRB | CY2014 | FD-2014-00017
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADE AFS:WSSANPERSONAL APPEARANCEX RECORD REVIEWADDRESSANDORORGANIZATION OY COUNSELMEMBERSITTINGGEN VOTHCOTHER DENYxxxxxA94.SJA66.00lORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3LETIEROFNOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGU&AJUNGDATE CASENUMBER...
AF | DRB | CY2014 | FD-2014-00312
GENERAL: Theapplicantappealsforupgradeof dischargeto honorable,change thereasonandauthority forthedischarge, andchangethereenlistmentcode. Theapplicantappearedandtestified beforetheDischarge ReviewBoard(DRB),withoutcounsel,at AndrewsAFBon10Dec2014. Thefollowingadditional exhibitsweresubmitted atthehearing: Exhibit #:Applicant'sContentionsTheattachedbriefcontains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2014 | FD 2014 00312
GENERAL: Theapplicantappealsforupgradeof dischargeto honorable,change thereasonandauthority forthedischarge, andchangethereenlistmentcode. Theapplicantappearedandtestified beforetheDischarge ReviewBoard(DRB),withoutcounsel,at AndrewsAFBon10Dec2014. Thefollowingadditional exhibitsweresubmitted atthehearing: Exhibit #:Applicant'sContentionsTheattachedbriefcontains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00629
GENERAL: Theapplicantappeals forupgradeofdischargeto Honorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined and requests thatthereview becompletedbasedontheavailableservicerecord. Theattached brief containsavailablepertinentdataonthe applicantandthefactors leadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00768
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard (DRB)butdeclined andrequeststhatthe reviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2009 | FD2008-00281
FINDINGS: Upgrade of discharge is denied. 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. The applicant cited his desire to receive the G.I.
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 | CY2015 | FD-2014-00171
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdeclinedandrequeststhatthe reviewbe completedbasedon the availableservice record. The attachedbriefcontains availablepertinentdataontheapplicantandthefactorsleading tothedischarge.
AF | DRB | CY2014 | FD-2014-00100
GENERAL: Theapplicantappeals forupgradeofdischargetohonorable TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.