AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00586 |
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: The applicant received a General discharge for Misconduct -Drug Abuse and Minor Disciplinary Infractions
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 two Records of Individual Counseling for failure to follow orders, and failure to report for duty, six Letters of Reprimand for phase II violation, late arrival to formation, horseplay and violation of medical profile, depa1ting his duty station to go to his room and sleep, lying to a commissioned officer, possession and use of marijuana, and one Article 15 for being absent from the unit and violation of a General Order.
The applicant contends discharge was inequitable because his drug use was an isolated incident and that he meets the seven retention criteria's. The records indicated the applicant received an Article 15, six Letters of Reprimand , and two Records of Individual Counseling for misconduct. The Air Force has a zero tolerance policy regarding drug abuse. Additionally the record indicates the discharge was processed under dual basis for both drug abuse and minor disciplinary infractions. The DRB opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior. The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career. The characterization of the discharge received by the applicant was found to be appropriate.
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.
CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and that 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 | CY2015 | FD-2013-00604
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AF | DRB | CY2013 | FD-2013-00478_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDGRADEAFSNfSSANX RECORDREVIEWADDRESSAHi>ORORGANIZATIONOFCOUNSELISSUESA93.01INDEXNUMBERA67.10HON GEN UOTHC OTHERA93.07 A66.00 1 ORDERAPPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LEITER OFNOTIFICATION4 BRIEFOFPERSONNELFILECOUNSEL'S RELEASETOTHEBOARDADDmONALEXHIBITSSUBMilTEDATTIME OFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGllt:ARJNGDATE CASENUMBEROSSep2013...
AF | DRB | CY2015 | FD-2015-00042
GENERAL: Theapplicantappealsforupgrade ofdischargetoHonorable. Theapplicantwasofferedapersonalappearancebefore theDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2014 | FD-2014-00193
GENERAL:The applicantappealsforupgradeofdischarge tohonorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbased ontheavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthe factorsleadingtothe discharge. FINDING: TheBoarddeniestheupgradeofthedischarge.TheBoardfindsthatneithertheevidenceofrecordnorthatprovidedbytheapplicantsubstantiatesan inequityorimpropriety...
AF | DRB | CY2014 | FD-2014-00145
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable. Theapplicantwasoffereda personalappearance beforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbased ontheavailableservicerecord. Theattachedbriefcontainsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2015-00069
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted based ontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.
AF | DRB | CY2015 | FD-2014-00365
GENERAL: Theapplicant appealsforupgradeofdischargetoHonorable. Theapplicantwasoffered apersonalappearancebeforetheAirForceDischargeReviewBoard(ORB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00768
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard (DRB)butdeclined andrequeststhatthe reviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00709
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasofferedapersonal appearance before theDischarge ReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataon theapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.
AF | DRB | CY2010 | FD-2008-00408
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. He stated that the stress became too much and he decided to smoke marijuana, which his wife obtained for him at his request. While the applicant appeared to have otherwise good service during his time in the Air Force, the Board could find no inequity or impropricty in his general discharge for marijuana use, the standard...