AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00076	
					
GENERAL:  The applicant was discharged on 12 Mar 09 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.  The board was conducted on 22 Aug 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 unanimously to approve the applicant’s request to upgrade his discharge characterization to Honorable, 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.  

The applicant’s record of service does not include disciplinary actions.   

Due to evidence of post-traumatic stress disorder (PTSD) 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 it was based on an isolated incident in 55 months of service.  The applicant insists that he suffered from PTSD and generalized anxiety disorder.  He states that he was going through a divorce and used marijuana one time to help cope with undiagnosed PTSD and anxiety.  The applicant believes that his single usage did not impact the performance of his duties.  The applicant contended the discharge was improper because he went to the clinic for a panic attack and they conducted a drug test.  He believes the drug test did not have a chain of custody, and therefore the sample should not have been used for an administrative action.  The applicant insists that the follow up urinalysis exams were performed, and they were all negative.  The applicant believes that the negative results prove this was a one-time occurrence.  

The board noted the Military Rules of Evidence (MRE) 312 (f) Intrusions for Valid Medical Purposes states; “Evidence or contraband obtained in the course of a medical, examination or an intrusion conducted for a valid medical purpose is admissible.”  However, the DRB determined that the applicant’s ability to serve satisfactorily was affected by family problems and PTSD, and relief was warranted.  
 
After a thorough review of the service record and inputs from the board’s psychiatrist, the DRB found sufficient indication that mental health issues had a direct impact on the applicant's misconduct or discharge.

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 an Honorable, and the discharge narrative reason was more accurately described as “Secretarial Authority.”

The DRB results were approved by the board president on 29 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