AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00401 |
GENERAL: The applicant appeals for upgrade of discharge to Honorable, to change the reason and authority for the discharge, and to change the reenlistment code.
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 change of reason and authority for discharge and change of reenlistment code are 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 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 characterization 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 completed 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 Article 15 and one Letter of Reprimand. Her misconduct included failure to go to duty on time on divers occasions; and possessing and using an intoxicating substance, known as "Spice".
The applicant submitted no issues regarding the inequity or impropriety of her discharge. The record indicates that the applicant was discharged for Misconduct-Drug Abuse. She received an Article 15 for knowingly possessing and using Spice. The applicant admitted that she had used the substance prior, but not regularly. Statements in the record provided by the applicant suggest that after learning that others were being discharged for spice, she chose to purchase the substance to initiate disciplinary actions. After review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in one year 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 does submit that she believes she would like a second chance despite her discrepancies so that she may serve her country in the United States Air Force or another branch in the United States Armed Forces. The Board opined that through the administrative actions taken, the applicant had ample opportunities to change her 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. 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 characterization , reason for the discharge or the reenlistment code. |
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