AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT	CASE NUMBER

FD-2017-00250	

GENERAL: The applicant was discharged on 2 Feb 15 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions (UOTHC) discharge for Misconduct (Drug Abuse). The applicant appealed for an upgrade of his discharge characterization to General. The board was conducted on 2 Nov 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 unanimously to deny the applicant’s request to upgrade his discharge characterization to General.

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 one Article 15, one Letter of Reprimand, and one Letter of Counseling. His misconduct included: failure to pay his Military Star Card bill, failure to attend a mandatory weapon qualification appointment, and wrongfully using methamphetamines and marijuana.

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 standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and 10 USC §1553.

The applicant contended he used illegal drugs to self-medicate due to his mental health issues. He also sought the upgrade in an effort to gain additional benefits from the Department of Veterans Affairs.

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.  The board noted that despite the applicant’s mental health issues, it was still unacceptable for him to wrongfully use methamphetamines and marijuana. This action clearly violated Air Force policy and was not a reasonable alternative to prescribed medications. Also, the board did not see any indications the applicant sought assistance in obtaining enhanced medical care from his chain of command before deciding to use illegal drugs to self-medicate. The board concluded the applicant’s willful misconduct was a significant departure from the conduct expected of all military members and it offset the positive aspects of his service. The board understood the applicant’s present service characterization renders him ineligible for certain Department of Veteran Affairs benefits.  However, this is	

not a matter of inequity or impropriety which would warrant an upgrade.

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 7 Dec 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