AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00629 |
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.
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. In order to adhere to Mental Health Amendments to 10 USC 1553, a physician with specialized training on mental health disorders was present for this board. The applicant 's record of service included one Article 15 for use of marijuana .
The applicant contends discharge was inequitable because it was too harsh. He submitted that his drug use was a result of ongoing stress factors in his personal life. After review of the records the Board found no evidence to indicate that the applicant was unaware of the Air Force policy of zero tolerance to drug use.
Although the applicant may have been experiencing an unusual amount stress, within his almost six years of service and required resiliency training, he was aware of services available to assist with his issues.
The applicant also claims impropriety by not being afforded an Administrative Discharge Review Board. The Board found that based on the notification date of the discharge; the member did not meet the required six years of service for an administrative board IAW AFI 36-3208.
The negative aspects of the willfu l misconduct outweighed the positive aspects of the applicant's performance, therefore the discharge 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.
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 |
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