AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00067	
					
GENERAL:  The applicant was discharged on 26 Jun 09 in accordance with AFI 36-3209 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 30 Jul 19.  

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 4 to 1 to deny the applicant’s request to upgrade his discharge characterization to Honorable, and to change the discharge narrative reason to Secretarial Authority.

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.  

Due to evidence of  a sexual harassment 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 improper because: his request for resignation was denied; it was retribution by his supervisor for refusing to comply with her sexual advances; there was no evidence of drug abuse in his record; the TX ANG did not follow mandatory procedures for confirming drug abuse; it is illegal to use a command directed drug test to characterize a discharge; he did not abuse drugs; there was no factual basis for the narrative reason; there was substantive evidence of honorable service in his service record; and it was inconsistent with disciplinary standards at the time of discharge.  The applicant contended the discharge was inequitable because his quality of service and capability to serve and compelling evidence of honorable service.  

Upon review of the applicant’s service record, the board was not able to find any documentation regarding the discharge.  Additionally, the applicant’s contentions were not supported by sufficient evidence to establish the circumstances surrounding the drug test (i.e. command directed contended by applicant).  Since the board relies on the presumption of regularity, it concluded the discharge received by the applicant was appropriate.  

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.

If the applicant can provide additional information to substantiate his contentions, the board recommends he exercise the right to make a personal appearance before the DRB or appeal the DRB’s decision to the Air Force Board for Correction of Military Records.  

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 22 Aug 19.  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