AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00452	
					
GENERAL:  The applicant was discharged on 26 Apr 10 in accordance with AFI 36-3208 with a(n) General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The board was conducted on 03 Oct 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 deny the applicant’s request to upgrade his discharge characterization to Honorable.

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 one Special Court Martial for wrongful use and distribution of Schedule II controlled substances: dextroamphetamine, oxycodone & fentanyl.

Due to evidence of  / post-traumatic stress disorder (PTSD) / mental health condition/s 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 made no contentions that the discharge was inequitable/improper and cited his desire to receive post service benefits as justification for an upgrade to the service characterization.  He believes that he should have received an Honorable characterization and not intentionally discharged ten days short of being in for 24 months.  He states that his discharge for drug abuse stemmed from having his jaw broken.  He was prescribed several medications.  Once he realized his medication issues, he sought assistance with his Shirt.  The shirt took him to OSI for questioning and was sent to rehab, which he had requested.  He states that he was found not guilty and was punished for reaching out for help depriving him of his benefits.  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.  It also found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The board understood the applicant’s present service characterization renders him ineligible for Department of Veteran Affairs benefits. However, the board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  

After a thorough review of the service record and input from the board’s psychiatrist, the DRB found that the applicant’s mental health condition mitigated some factor to the applicant's misconduct, however, it could not completely explain or excuse the misconduct sufficiently to warrant upgrading the 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 19 Nov 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
3351 Celmers Lane
Joint Base Andrews, NAF Washington, MD 20762-6602  

Attachment:
Examiner's Brief