AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2016-00296	
					
GENERAL:  The applicant was discharged on 10 Jun 13 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of his discharge characterization to General or Honorable.  The board was conducted on 28 Sep 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 not represented by counsel.   

Pursuant to 10 USC §1553, the board included a member who is a clinical psychiatrist with training on mental health issues connected with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI), and 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 4 to 1 to approve the applicant’s request to upgrade his discharge characterization to General.  It also voted to make no changes to the discharge narrative reason and the reenlistment eligibility code. 

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 narrative 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 Article 15s for wrongfully using marijuana.  

The applicant contended he deserved a General discharge based on his 7.5 years of dedicated service to the Air Force.  He was also seeking an upgrade in order to improve his chances of finding a better job.

While the board majority found no evidence to indicate the applicant was not aware of the Air Force policy of zero tolerance for drug use and did not condone the applicant’s wrongful use of marijuana on multiple occasions, it determined the discharge was inequitable since it was inconsistent with standards of discipline at the time.  Based on a multitude of previous cases reviewed by the board, a General discharge is more common when Airmen are discharged for wrongful marijuana use without additional misconduct.  Based on the applicant’s years of service, his completion of 3 deployments, and record of strong performance, it determined relief was appropriate in this case.  

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 neither the evidence of record, nor that provided by the applicant substantiated an impropriety.  However, sufficient evidence existed to convince the board the discharge was inequitable.  Therefore, the board determined the overall characterization of the applicant’s service was more accurately reflected by a General discharge.  The board did not vote to change the discharge narrative reason or the reenlistment eligibility code.   

The DRB results were approved by the board president on 27 Oct 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