Upgrade.Vet

AF | DRB | CY2015 | FD-2014-00550

Original file (FD-2014-00550.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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Case heard in Washington. D.C.

Advise applicant of the decision of the Board, the right to a persona l appearance with/without counsel, and the right to submit an application to the AFBCMR.

*Change of narrative reason

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AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBE R

FD-2014-00550

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, but grants change of reason and authority for discharge.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the record and evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable.

ISSUE: The applicant received a General discharge for Misconduct -Drug Abuse

The Air Force Discharge Review Board, under i ts 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 perti nent standards of equity and propriety. The applicant's record of service included one Letter of Reprimand for wrongful use of marijuana .

The applicant contends that he should not be penalized indefinitely for a one time admitted mistake he made

when he was young. The DRB recognized the applicant was 22 years of age when the discharge took place. However, there is no evidence he was immature or unaware of his responsibilities. The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct and understand the Air Force has a zero tolerance policy for drug use. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct. The record indicates that the applicant was discharged for Misconduct-Drug Abuse. He received a Letter of Reprimand for wrongful use of marijuana. The applicant admitted to smoking once while on leave prior to reporting to his first duty station. The record indicated he did not have prior or subsequent use. Due to the applicants own admittance of a one time experimental use and no evidence in the record to dispute that fact, the Board supports a change in reason and authority for 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.

However, in view of the foregoing findings, the Board concludes that the reason for the discharge is more accurately described as under Secretarial Authority under the provisions of title 10, USC 1553.

Attachment: Examiner's Brief}}}

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AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBE R FD-2014-00550
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, but grants change of reason and authority for discharge. The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the record and evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable. ISSUE: The applicant received a General discharge for Misconduct -Drug Abuse The Air Force Discharge Review Board, under i ts 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 perti nent standards of equity and propriety. The applicant's record of service included one Letter of Reprimand for wrongful use of marijuana .
The applicant contends that he should not be penalized indefinitely for a one time admitted mistake he made when he was young. The DRB recognized the applicant was 22 years of age when the discharge took place. However, there is no evidence he was immature or unaware of his responsibilities. The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct and understand the Air Force has a zero tolerance policy for drug use. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct. The record indicates that the applicant was discharged for Misconduct-Drug Abuse. He received a Letter of Reprimand for wrongful use of marijuana. The applicant admitted to smoking once while on leave prior to reporting to his first duty station. The record indicated he did not have prior or subsequent use. Due to the applicants own admittance of a one time experimental use and no evidence in the record to dispute that fact, the Board supports a change in reason and authority for 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. However, in view of the foregoing findings, the Board concludes that the reason for the discharge is more accurately described as under Secretarial Authority under the provisions of title 10, USC 1553. Attachment: Examiner's Brief

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AF | DRB | CY2015 | FD-2014-00550

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