AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2017-00607	
					
FOR BCDs:  The applicant was discharged on 1 Feb 01 with a Bad Conduct Discharge after being convicted of a prescription drug-related offense during a Special Court-Martial.

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 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 approve 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 a Special Court-Martial charge for wrongful use of Percocet, of which the applicant plead guilty.  

The applicant contended the discharge was inequitable because he became addicted to Percocet following a surgery on his knee while he was in the Air Force.  The applicant states that he attended treatment for the addiction, but was unable to maintain sobriety.  The applicant insists that since separating he has been able to maintain sobriety.  The applicant is requesting the upgrade in order to receive medical services for his knee.

Upon review of an applicant’s Bad Conduct Discharge as adjudged by a Special Court-Martial, the DRB may change the punitive discharge to an administrative discharge for the purposes of clemency, if warranted.   The DRB reviewed the applicant’s entire service record and found evidence of the surgery and subsequent treatment for addiction to Percocet.  Consideration is given to whether the applicant met normal military standards of acceptability for military service and similar indicators of his ability to serve satisfactorily.  The board concluded that relief was warranted because the applicant’s total capability to serve was impacted after the surgery, the addiction was formed in response to medical treatment received in the Air Force.  

CONCLUSION:  The board found neither the evidence of record, nor that provided by the applicant substantiated an impropriety.  However, sufficient evidence existed to convince the board the discharge was inequitable.  Therefore, the board determined the overall characterization of the applicant’s service was more accurately reflected by a General discharge.   The board did not change the discharge narrative reason or the reenlistment eligibility code.    

The DRB results were approved by the board president on 21 Nov 18.  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
1500 West Perimeter Road, Suite 3700
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief