AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2022-00529	
					
SUMMARY: 

The applicant was discharged on 19 September 2016 in accordance with AFI 36-3208 with a General Discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of his discharge characterization and a change to the discharge narrative reason.

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 Discharge Review Board (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, a vacation of suspended non-judicial punishment, multiple Letters of Reprimand, and multiple Letters of Counseling.  His misconduct included:  Failure to go to appointed place of duty; tested positive for cannabinoids; failure to go at the time prescribed to appointed place of duty (x4); and an unsatisfactory fitness assessment.

The applicant stated that his separation remarks should be changed to what he was discharged for, which was the failure to report for duty on time.  The applicant stated that he felt his punishment was unjust.  He stated that he admitted to smoking marijuana due to a stressful time.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The applicant was discharged for both, a pattern of misconduct and drug abuse. As stated on the notification memorandum, the primary basis for discharge was Misconduct (Drug Abuse).  The Board deemed that the discharge that the applicant received was appropriate. 

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? 

The applicant contended he tested positive for marijuana during his confinement in-processing because “this was a stressful time, no excuse just explaining the thought process…” and requests his narrative reason for discharge be changed to reflect the misconduct(s) reflected on his summary court martial rather than drug abuse.   

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

The applicant stated on his application, “I admit at the time before my court session I did partake in marijuana.” The applicant also noted “This was a stressful time no excuse just explaining thought process, this was the only drug test I tested positive for. I stayed clean my whole service time until I knew it was coming to an end.” There is evidence the applicant received mental health services during his time in service and received the diagnosis of PTSD.  

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

There is evidence the applicant’s mental health condition of PTSD was a condition that existed prior to service (EPTS). There is no evidence or records of service aggravation. There is evidence the applicant reported pre-service marijuana use.  Liberal Consideration is not required for cases involving pre-existing conditions that are determined not to have been aggravated by military service. 

4. Does that condition or experience outweigh the discharge? 

Liberal Consideration is not required for cases involving pre-existing conditions that are determined not to have been aggravated by military service.  Thus, the applicant’s discharge is not outweighed by a mental health condition. 

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) and (7)(a)-(7)(r) of this memorandum and found no factors that apply to the applicant’s case.

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 and equitable. 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 Air Force DRB (AFDRB) results were approved by the board president on 5 March 2023.  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)