AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2019-00760	
					
GENERAL:  The applicant was discharged on 30 Aug 13 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 27 Feb 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.    

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 3 to 2 to approve 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 Article 15 for wrongful use of spice, and wrongful use of oxymorphone.  

Due to evidence of a mental health condition 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 he was dealing with personal and mental health issues.  He insists that he self-medicated to cope with the physical pain.  The applicant accepts responsibility for his actions and regrets his decision.  He is currently receiving 80% disability compensation from the Department of Veteran Affairs.

The DRB reviewed the applicant’s entire record and found evidence of him requesting stronger medicine to relieve the pain from shoulder surgery.  The record also discovered evidence of prescriptions for psychotropic medications, and continuous treatment for mental health issues.  The board determined that the applicant’s total capability to serve satisfactorily were impacted by multiple mental health diagnosis, and chronic shoulder pain as a result of surgery.  The board concluded that an inequity existed and an upgrade is warranted.

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 was a mitigating factor to the applicant's misconduct, and could explain or excuse the misconduct sufficiently to warrant upgrading the 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.  The board did not change the discharge narrative reason or the reenlistment eligibility code.    

The DRB results were approved by the board president on 23 Apr 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)