AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST, MIDDLE INITIAL)
(b) (6)	HEARING DATE
2017-08-24	CASE NUMBER
FD-2015-00565	
TYPE
General		PERSONAL APPEARANCE	X	NON-PERSONAL APPEARANCE	
COUNSEL	NAME OF COUNSEL AND/OR ORGANIZATION	ADDRESS AND/OR ORGANIZATION OF COUNSEL	
Yes	No			
X				

BOARD MEMBERS	VOTE OF THE BOARD	
	HON	GEN	UOTHC	OTHER	DENY	
(b) (6)					X	
(b) (6)					X	
(b) (6)					X	
(b) (6)					X	
(b) (6)					X	
(b) (6)						
ISSUES	INDEX NUMBER	EXHIBITS SUBMITTED TO THE BOARD	
		1	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LETTER OF NOTIFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL’S RELEASE TO THE BOARD	
			ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE HEARING	
APPLICANT’S ISSUE(S) AND THE BOARD’S DELIBERATIONS ARE SUMMARIZED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	
Case heard at JB Andrews, MD.

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

(b) (6)

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2015-00565	

GENERAL: The applicant was discharged on 28 Aug 13 in accordance with AFI 36-3208 with a General discharge for Drug Rehabilitation Failure.  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The board was conducted on 24 Aug 17.

The applicant was offered a personal appearance before the Discharge Review Board (DRB), but declined and requested the board be completed based on a records only review. The applicant was represented by counsel (	).

Pursuant to 10 USC §1553, the board included a member who is a clinical psychologist or psychiatrist, or a physician with training on mental health issues connected with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and/or training on mental health disorders.

The attached examiner’s brief (provided to applicant only), extracted from available service records, contains pertinent data regarding the circumstances and character of the applicant’s military service.

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable.

DISCUSSION:  The DRB, 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 changes are warranted.  If applicable, the board can also change the applicant’s reenlistment eligibility code. 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 determine if the discharge met the pertinent standards of equity and propriety.

The applicant’s record of service included: two Letters of Reprimand, one Letter of Counseling, and a verbal counseling documented by a memorandum for record.  His misconduct consisted of:  unlawfully using marijuana, substandard duty performance, failure to show up for an annual fitness assessment, and failure to obey the lawful order of a senior noncommissioned officer.

Due to evidence of post-traumatic stress disorder (PTSD) found in the applicant’s medical record, the board considered the case based on the liberal consideration standard required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and 10 USC §1553.

The applicant contended he sustained a number of injuries while deployed and eventually suffered from PTSD.  The applicant stated he obtained a state-sanctioned medical marijuana prescription as he felt he had no other medical options and did not want to take the narcotics prescribed to him by military physicians for pain management.  Upon being selected to provide a urinalysis sample for random drug testing, he self- reported his marijuana use and was directed to attend the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) program. The applicant refused to complete the ADAPT program and contends he was told this would result in him being discharged with an Honorable service characterization. His counsel argued that based on the sum of his entire military career, it was inequitable that he did not receive an Honorable discharge.

After reviewing the applicant’s service record, the DRB found no evidence to indicate he was unaware of the Air Force policy of zero tolerance for illegal drug use. The board noted the applicant's duty performance	

throughout his service (including deployments) as documented by his performance reports, awards and decorations, and other accomplishments.  However, it found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.

After a thorough review of the service record and inputs from the board’s psychiatrist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge.

CONCLUSION: The board found insufficient evidence of an inequity or impropriety that would warrant a change to the applicant’s discharge. Therefore, the discharge received by the applicant was deemed to be appropriate and his request was not approved.

The DRB results were approved by the board president on 14 Sep 17.  If desired, the applicant can request a list of the board members and their votes by writing to: SAF/MRBR (CITU), 550-C Street West, Suite 41, Randolph AFB, TX 78150-4743.

Attachment: Examiner's Brief