AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00586	
					
SUMMARY: 

The applicant was discharged on 16 December 2019 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Drug Abuse). The applicant appealed for an upgrade of his discharge characterization, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.

The applicant was not represented by counsel.    

The applicant requested the board be completed based on a records only review.

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. 

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 an Article 15.   His misconduct included:  Wrongful use of psilocybin; wrongful use of LSD. 

The applicant stated that he learned his lesson and has completely grown from his situation. He asked that the board take his current life situation, work, and stability into consideration when deciding his case. The applicant stated that he wants to further his career in the IT field which would benefit the Air Force. The applicant explained further that he only wishes to continue school and reach his true potential as a man.  

After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use. It found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service. The Board acknowledges that the applicant’s present service characterization renders him ineligible for Department of Veterans Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.  

LIBERAL CONSIDERATION:

Due to evidence of a mental health condition found in the applicant’s medical record, the Board considered the case based on the liberal consideration (LC) standards required by guidance from the Office of the Under Secretary of Defense for Personnel and Readiness and 10 USC §1553. The Board included a member who is a physician, clinical psychologist, or psychiatrist.  Specifically, the Board reviewed the four questions the Under Secretary of Defense provided that boards should consider when weighing evidence in requests for modification of discharges due in whole or in part to mental health conditions, including post-traumatic stress disorder (PTSD); Traumatic Brain Injury (TBI); sexual assault, and sexual harassment.  The Board considered the following: 

1. Did the veteran have a condition or experience that may excuse or mitigate the discharge? 

Although the applicant checked “other mental health” on his application, he makes no claims or contentions of having a mental health condition, TBI, sexual assault, or sexual harassment in service, and makes no claims or contentions of a mental health condition, TBI, sexual assault, or sexual harassment having any impact on his discharge.  

2. Did that condition exist/experience occur during military service? 

There is no evidence in the applicant’s service records or medical records to suggest the applicant had any mental health conditions in service, and the applicant did not submit any evidence that a mental health condition caused or mitigated his discharge. 

3. Does that condition or experience actually excuse or mitigate the discharge? 

Because there is no evidence the applicant had any mitigating mental health conditions or experiences in service, his discharge is not excused. 

4. Does that condition or experience outweigh the discharge? 

Because there is no evidence the applicant had any mitigating mental health conditions or experiences in service, his discharge is not outweighed. 

Additionally, the Board considered the factors laid out in the attachment to the Under Secretary of Defense memorandum, Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations, dated 25 June 2018, known as the “Wilkie Memo.”  The Board considered the factors listed in paragraphs (6)(a)-(6)(l) of this memorandum, and concluded the following with regard to each factor: 

(6)(g).  The relative severity of some misconduct can change over time, thereby changing the relative weight of the misconduct in the case of the mitigating evidence in the case. 
The severity of this misconduct has not changed. The Air Force has a zero tolerance policy for drug use and the use of multiple drugs of this caliber is especially egregious. There has been no policy change regarding drug use.

FINDING:  The DRB voted unanimously to deny the applicant’s request to upgrade his discharge characterization to Honorable, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 2C or 3K.
 
CONCLUSION:  After a thorough review of the available evidence, to include the Applicant’s issues, summary of service, service/medical record entries, and discharge process, the Board found the discharge was proper. Therefore, the awarded characterization of service shall remain “General”, the narrative reason for separation shall remain “Misconduct (Drug Abuse), and the reentry code shall remain 2B. The AFDRB results were approved by the board president on 28 February 2022.  If desired, the applicant can request a list of the board members and their votes by writing to:  

Air Force Review Boards Agency
Attn: Discharge Review Board
3351 Celmers Lane
Joint Base Andrews, NAF Washington, MD 20762-6602  
Instructions on how to appeal an AFDRB decision can be found at 
https://afrbaportal.azurewebsites.us

Attachment:
Examiner's Brief (Applicant Only)