AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00193	
					
GENERAL:  The applicant was discharged on 2 Apr 04 in accordance with AFI 36-3208 with a General discharge for Fraudulent Entry into Military Service, Drug Abuse.  The applicant appealed for an upgrade of his discharge characterization to Honorable and a change to the discharge narrative reason.  The board was conducted on 10 May 18.  

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 represented by counsel.    

Pursuant to 10 USC §1553, the board included a member who is a 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 Honorable and to change his discharge narrative reason.  It also voted not to change his 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 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 a confession of substantial and varied illegal drug use prior to joining the Air Force.  

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

The applicant contended the discharge was inequitable because he was advised by his recruiter not to disclose his pre-service illegal drug use and then he was punished when he eventually did so.  He claims his chain of command recommended that he be retained and that his post-service accomplishments warrant an upgrade to his discharge.  

The DRB noted that the applicant did not provide any documentation from his recruiter confirming he advised the applicant to lie on his enlistment documents.  It also concluded he did not disclose his pre-service drug use when completing documentation for his security clearance and being interviewed for his background check.  The DRB also noted his pre-service drug use was extensive and included marijuana, marijuana laced with formaldehyde and cocaine, and MDMA.  The DRB was pleased the applicant has been successful since leaving the Air Force.  However, the board reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant any changes to the discharge.   

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 23 Jul 18.  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