AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  

CASE NUMBER

FD-2019-00331 
      					
GENERAL:  The applicant was discharged on 6 Aug 18 in accordance with AFI 36-3208 with an Entry Level Separation discharge for Fraudulent Entry (Drug Abuse).  The applicant appealed for a change to his discharge narrative reason, and a change to the reenlistment eligibility code.  The board was conducted on 7 Jan 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 not 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 change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 3K.

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 did not include any disciplinary actions. 

The applicant contended the discharge narrative reason and reenlistment eligibility code were improper because he did not knowingly ingest marijuana.  The applicant contends the discharge narrative reason and the reenlistment eligibility code stigmatize him as a drug user.  The applicant states that his brother and his brother's girlfriend, who both possess medical marijuana cards, brought two batches of brownies to his going away party.  The applicant insists that only one batch contained marijuana as an ingredient.  The applicant believes that he unknowingly ate from the pan of brownies that contained marijuana.  The applicant insists the accidental ingestion proves that the level of "wrongness" outlined in the UCMJ was never achieved.  He is requesting the changes in order to restore his honor and good name.

The board determined they were unable to substantiate the applicant's claim that he unknowingly ingested the wrong batch of brownies at his going away party.  After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The board found the negative aspects of the applicant's willful misconduct outweighed the positive aspects of his military service.  

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 10 Feb 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