AFBQ FORM 0-2077, JAN 00
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00312 |
GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority for the discharge, and change the reenlistment code.
The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on 10 Dec 2014.
The following additional exhibits were submitted at the hearing: Exhibit #: Applicant's Contentions
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, change of reason and authority for discharge, and change of reenlistment code is denied.
The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.
ISSUE: 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 four Letters of Counseling for various misconduct and one Article 15 for using marijuana.
The applicant contends that when he was being discharged from the Air Force he had a drug addiction problem and did not receive adequate care to treat his addiction. He states that he is no longer using drugs, he is working on his recovery and self-improvement, and he would like to take advantage of the G.I. Bill benefits.
The record indicates that the applicant was discharged for Misconduct-Drug Abuse. He received an Article 15 for wrongful use of marijuana. The applicant admitted to smoking. 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 Board was highly impressed with the applicant's recovery and sobriety since leaving the Air Force. It appears the applicant is seeking treatment with the VA and several other agencies and has enrolled in college and working toward a degree. While the board did not grant the applicant's request, he should not be disheartened and let that stop the impressive progress he has made in the recent years. The Board highly recommends that if the applicant feels there is an error or injustice specifically with his right to consult counsel at the time of discharge and/or he felt he could have meet the retention criteria under the AFI but was prevented from contesting his discharge, he should consider submitting an application with |
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-2014-00673
GENERAL:Theapplicantappealsforupgradeofdischargeto Honorable,achange toreasonand authority forthe discharge, andachangetothereenlistmentcode. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withcounsel,viavideo teleconference between Andrews AFBMaryland, andRandolphAFBTexas,on20November2014. Thefollowingadditionalexhibitsweresubmitted atthehearing: Exhibit5:Applicant'sContentionsTheattachedbriefcontains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2014 | FD-2014-00466
GENERAL:Theapplicantappealstochangethereasonandauthorityforthedischarge,andtochangethe reenlistmentcode. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel,at AndrewsAFBonDecember18,2014. Theattachedbriefcontainsavailablepertinentdataon theapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2014 | FD-2014-00188
1ORDERAPPOINilNG THE BOARD x* + x• + IEARINC DATE CASENUMBER 2 APPLICATION FOR REVIEW OFDISCHARGE3LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILE COUNSEL'S RELEASETOTHE BOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANC ETAPERECORDING OFPERSONAL APPEARANCE HEARING11Dec2014FD-2014-00188eheardin Washington,D.C.ldviseapplicant ofthedecision ofthe Boardandtheright tosubmit anapplicationtotheAFBCMR.famesand votes will be madeavailabletotheapplicantatthe applicant'srequest. ...
AF | DRB | CY2013 | FD-2013-00490
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonand authorityforthedischarge,andtochangethereenlistment code. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel,atJoint BaseAndrews,Maryland,on21August2014. Theattachedbrief contains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD 2013 00490
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonand authorityforthedischarge,andtochangethereenlistment code. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel,atJoint BaseAndrews,Maryland,on21August2014. Theattachedbrief contains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2015-00312
GENERAL:Theapplicantappealsforupgradeofdischarge to Honorable. Theapplicantwasofferedapersonal appearance beforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.ISSUE: TheapplicantreceivedaGeneraldischargeforMisconduct-UnsatisfactoryPerformance
AF | DRB | CY2014 | FD-2014-00151
GENERAL: Theapplicantappealsforupgrade ofdischargetohonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhat thereviewbecompletedbased ontheavailable servicerecord.Theattachedbrief contains availablepertinentdataontheapplicant andthefactorsleadingtothedischarge. FINDING: TheBoard deniestheupgradeofthedischarge.
AF | DRB | CY2004 | FD2003-00312
I OTHER I DENY VOTE OF THE BOARD I I I ISSUES A91.53 INDEX NllhlBER A66.00 I - EXIIIBITS SUBMITTED TO I'HE BOARD I I I ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION 1 2 HEARING DATE CASE NUMBER PERSONAL APPEARANCE I TAPE RECORDING OF PERSONAL APPEARANCE I 16 Mar 2004 APPLICANT'S ISSUE AND THE BOARD'S UECISIONAI. MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE...
AF | DRB | CY2014 | FD-2014-00138
GENERAL: Theapplicantappealsforupgrade ofdischargetohonorableTheapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinent dataontheapplicant andthefactorsleadingtothedischarge.FINDING: TheBoarddeniestheupgrade ofthedischarge.ISSUE: Applicantreceiveda...