AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST, MIDDLE INITIAL)
(b) (6)	HEARING DATE
2017-07-20	CASE NUMBER FD-2016- 00430	
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 in Washington, D.C.

Advise applicant of the decision of the Board.

* - Narrative Reason
(b) (6)	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2016-00430	

GENERAL: The applicant was discharged on 1 Jun 11 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse). The applicant appealed for an upgrade of his discharge characterization to Honorable.  The board was conducted on 20 Jul 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 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 4 to 1 to approve the applicant’s request to upgrade his discharge characterization to Honorable. It also approved changing the discharge reason to Secretarial Authority and the reenlistment eligibility code to 3K.

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 one Article 15 for wrongfully using marijuana.

The applicant contended that upon returning from a deployment to Iraq, he suffered significant weight loss due to vomiting and Hematemesis. He was hospitalized multiple times and also suffered from pain and depression.  He believed his medical issues may be related to possible exposure to harmful substances during his deployment.   He stated the mediations he received for pain and nausea only helped sparingly so he self- medicated with marijuana based on the suggestion of his neighbor.

After reviewing the record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for drug use.  Although the board does not condone the applicant’s misconduct, it found substantial evidence that documented the ineffective results of different medications the applicant was prescribed.  The board determined the severity and ongoing nature of his medical condition negatively impacted his capability to serve.  Therefore, it concluded that while discharge was appropriate, a General service characterization was inequitable.  The board upgraded the service characterization to Honorable, the discharge reason to Secretarial Authority, and the reenlistment eligibility code to 3K.

The minority view of the board was that despite the applicant’s significant medical issues, it was still unacceptable for him to wrongfully use marijuana.  This action clearly violated the Air Force’s policy of zero tolerance for drug use and was not a reasonable alternative to prescribed medications. The minority did not see substantial evidence to overcome the presumption of regularity or sufficient indications that the	

applicant sought assistance in obtaining enhanced medical care from his chain of command before deciding to use marijuana.  The minority also did not understand how the applicant could have reasonably believed using marijuana would be a long-term solution to his medical issues, even if it was found to be effective in treating his conditions.

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 an Honorable discharge and the reason for the discharge was more accurately described as Secretarial Authority. Additionally, the reenlistment eligibility code was changed to 3K under the provisions of 10 USC §1553.

The DRB results were approved by the board president on 24 Aug 17. 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