AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00522	
					
GENERAL:  The applicant was discharged on 11 Feb 16 in accordance with AFI 36-3208 with a General discharge for Misconduct (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 7 Jun 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 3 to 2 to deny the applicant’s request to upgrade his discharge characterization to Honorable and to change his discharge narrative reason.
 
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 testing positive for marijuana use.  He also failed to disclose pre-service mental health issues prior to enlisting, refused to participate in the Alcohol and Drug Abuse Prevention and Treatment program, and failed a fitness assessment.   

Due to evidence of mental health conditions 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 he was hospitalized following a panic attack and after testing positive for marijuana use, his chain of command told him it was “no problem” and the issue would be cleared up.  He requested that his administrative discharge be changed to a medical discharge, which is not within the authority of the DRB.  The applicant requested the upgrade in effort to receive more services from the Department of Veterans Affairs and access to G.I. Bill benefits. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  It also found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The board understood 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.

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 21 Aug 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