AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00327	
					
FOR BCDs:  The applicant was discharged on 21 May 03 with a Bad Conduct Discharge after being convicted of a drug-related offense during a Special Court-Martial.  The applicant appealed for an upgrade of his discharge characterization to Honorable.  The board was conducted on 9 Jun 20.  

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.    

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 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 included a Special Court Martial guilty finding for wrongful use of marijuana, and wrongful use of ecstasy.  

The applicant contended the discharge was inequitable and improper because it was harsh and contradicts the current position of the Air Force regarding isolated substance use; and because the continued stigma is grossly disproportionate to the conduct.  The applicant believes that he met the seven criteria required for retention.  The applicant states that he accepted responsibility for his actions by admitting to using marijuana on five different occasions, and purchasing MDMA and using it alone on another occasion.  The applicant insists his limited use of illicit drugs should have rendered him a candidate for a drug abuse waiver and retention.  He believes the change in command climate from when he was discharged would have led to rehabilitation rather than separation for isolated use. The applicant states that since his separation; he served as a counselor, Special Education teacher, Assistant Principal, a Principal in alternative and juvenile justice education programs; completed his BA; volunteered for a year of humanitarian NGO building churches in India; completed his MA; and completed 6 hours towards a PhD.  The applicant is requesting clemency based on his exemplary post-service conduct.    
 
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 insufficient evidence to grant the applicant’s request.  The DRB was pleased to see the applicant has been successful since leaving the Air Force.  However, the board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  The characterization of the discharge received by the applicant was deemed to be appropriate.  

CONCLUSION:  The DRB concluded the applicant’s punitive discharge by a Special Court-Martial was appropriate based on the facts and circumstances of the case and there was no sufficient basis, as an act of clemency, to change the discharge.

The DRB results were approved by the board president on 17 Jun 20.  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
3351 Celmers Lane
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief (Applicant Only)