AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00193 |
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: Applicant received a General discharge for Misconduct: Drug Abuse.
The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an Applicant's discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant. The Board did complete a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The Applicant's record of service included one Letter of Reprimand. His misconduct included failure to report to duty after a medical appointment, lying to a SNCO, and drug use.
The record indicates that the applicant was discharged for Misconduct: Drug Abuse. The applicant never received any paperwork for his drug use. However, during an interview by OSI, the applicant admitted to using spice on numerous occasions between on or about 1 August 2010 and on or about 17 October 2010. This use was a violation of a lawful general order, to wit: AFI 44-121, Alcohol and Drug Abuse Prevention and Treatment, dated 9 June 2010. After review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that he 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 submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that he sees the mistakes that he made but the upgrade to his discharge would be helpful to his current situation. The Board found that 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. A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge.
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. |
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lORDERAPPOINTINGTHEBOARDAPPLICATIONFORREVIEWOFDISCHARGE LETTER OFNOTIFICATION4 BRIEForPERSONNELFILE COUNSEL'SRELEASETO THEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONALAPPEARANCE TAPERECORDINGOF PERSONALAPPEARANCEHEARINGHEARING DATE CASENU!\:IBER12May2014 FD-2013-00220CaseheardinWashington,D.C.Adviseapplicantofthedecisionof theBoardandthe righttosubmitanapplicationtotheAFBCMR. TO•SAF/MRBR550CSTREET WEST,SUITE40 RANDOLPHAFB,TX78150-4742 SECRETARYOF THEAIRFORCEPERSONNELCOUNCIL...