AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2016-00564	

GENERAL: The applicant was discharged on 9 Feb 15 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 Honorable.  The board was conducted on 26 Oct 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 3 to 2 to upgrade the applicant’s discharge characterization to General. It voted to not change the discharge narrative reason or 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 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 a summary court-martial conviction for the wrongful use of 3, 4- methylenedioxymethamphetamine (MDMA) on multiple occasions, one Letter of Reprimand, and two Letters of Counseling. Additional misconduct included wearing his uniform during an off-base interview and lying about it, failure to notify his chain of command of mandatory appointments, reckless driving, and failure to prevent underage Airmen from consuming alcohol.

Since the applicant’s request for relief was based in part on matters relating to his alleged PTSD and other diagnosed mental health conditions, the board considered the case based on the liberal consideration standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and 10 USC §1553.

The applicant contended the discharge was improper for two reasons. First, he cited a paragraph in AFI 36- 3208 which states an Airman should not be discharged under other than honorable conditions if the sole basis for that discharge is a serious offense that resulted in conviction by court-martial that did not adjudge a punitive discharge. Second, the applicant cited another paragraph in AFI 36-3208 which states Airmen cannot be separated if they have been diagnosed with service-related PTSD unless they are found fit for duty under the disability evaluation system. The applicant contended the discharge was inequitable because he was suffering from mental illness at the time of his discharge. He claimed to have PTSD from a deployment to Balad, Iraq. Despite receiving care from Air Force mental health professionals, the applicant also self- medicated, first with alcohol, and then with MDMA.  He claimed to use the latter based on studies he read on the internet claiming it was effective in treating PTSD symptoms.	

After reviewing the AFI 36-3208 references cited by the applicant, the DRB determined neither applied to his situation. The first reference only applies to Airmen who are convicted by a special or general court- martial, not a summary court-martial, which cannot result in a punitive discharge.  The second reference only applies to Airmen being separated due to a personality disorder, which was not the case for the applicant’s discharge. The board noted the applicant was diagnosed with Adjustment Disorder, Panic Disorder, and Anxiety Disorder, but Air Force mental health professionals indicated he did not appear to have PTSD. Additionally, documentation in his record indicated there was no clear evidence his psychiatric diagnoses were the likely cause of his misconduct.

The minority view of the board was that despite the applicant’s mental health conditions, it was unacceptable for him to use MDMA. It clearly violated the Air Force’s policy of zero tolerance for drug use and was not a reasonable alternative to his prescribed medication (Zoloft).  The minority members did not see overwhelming evidence to indicate the applicant sought assistance from mental health providers or his chain of command before using a drug he clearly knew was illegal.

After reviewing the entire record and applying liberal consideration, the DRB determined the discharge was inequitable because the applicant’s capability to serve satisfactorily was mitigated by his multiple mental health diagnoses. The board concluded the discharge characterization received by the applicant was inappropriate and warranted an upgrade to General. Despite this, the board did not condone the applicant’s use of illegal drugs in this case.

After a thorough review of the service record and inputs from the board’s psychiatrist, the DRB found evidence that mental health issues had a direct impact on the applicant's misconduct and 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 change the discharge narrative reason or the reenlistment eligibility code.

The DRB results were approved by the board president on 22 Nov 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