AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2020-00651	
					
The applicant was discharged on 4 Jun 20 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, and a change to the discharge narrative reason.  The board was conducted on 19 Jan 21.  

The applicant initially chose to have a personal appearance before the Discharge Review Board (DRB), but due to lack of response/s from the applicant in regards to scheduling the appearance, the President of the AFDRB authorized to complete its review of the discharge, per DOD 1332.8, E3.2.6.2.  The applicant did not have a prior records only review, therefore, the board deemed him eligible for one.  

The applicant was/was not represented by counsel.    

Pursuant to 10 USC §1553, the board included a member who is a psychiatrist/ psychologist 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, to change the discharge narrative reason to Secretarial Authority, and to change the reenlistment eligibility code to 2C.

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 Letter of Reprimand.  His misconduct included: During Med lab, tested positive for cocaine.

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 and Counsel state that they are requesting upgrade to Honorable and Narrative reason. They state that his separation was based on the results of an unconfirmed drug screen performed for a purely medical purpose, which the command is prohibited from using to substantiate misconduct due to HIPAA. They state further than it is prohibited because the results are unverified and therefore unreliable for purposes of substantiating misconduct. They state that the member maintains his innocence. The applicant and counsel quote from AFI 36-3208 Only “Evidence obtained through urinalysis ... " may be used to form the basis to separate a service member. They also state that the med group violated HIPAA rights by unilaterally contacting the member’s chain of command and releasing his PHI by disclosing that he screened positive for a controlled substance as a result of a medical drug lab screening.

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  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.

DoDI 6490.08 permits and can require disclosure, with minimum amount of information to satisfy the purpose of the disclosure, should the information have impact duty on mission or the person is in a position “that has been pre-identified by Service regulation or the command as having mission responsibilities of such potential sensitivity or urgency that normal notification standards would significantly risk mission accomplishment”. Therefore, reports made by his medical providers to his commander for testing positive for cocaine would meet either of these criteria and is permitted per regulations.
 
After a thorough review of the service record and inputs from the board’s psychiatrist/ psychologist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge.

The board recommends the applicant exercise his right to directly appeal the DRB’s decision to the Air Force Board for Correction of Military Records by requesting clemency based on post-service activities and accomplishments. 

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 22 Jan 21.  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)