AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00093 	
					
SUMMARY: 

The applicant was discharged on 09 April 2010 in accordance with AFI 36-3208 with a “General” discharge after “Trial by Court- Martial.”  The applicant appealed for an upgrade of his discharge characterization, a change to the discharge narrative reason, and a change to the reenlistment eligibility (RE) code.

The applicant was represented by counsel.    

The applicant appeared and testified before the Air Force Discharge Review Board (AFDRB), with counsel, via video teleconference using Zoom on 21 March 2023.  No witnesses were present to testify on the applicant’s behalf. 

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. 

DISCUSSION:  The AFDRB, 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 and counsel stated the discharge was inequitable because it relied on an isolated instance conducted in six (6) years of exemplary service.  The applicant and counsel provided a statement where the applicant explained that he was going through a rough transition.  At the time of the isolated incident, the applicant  was preparing to separate voluntarily from the Air Force.  The applicant states that he accidently digested one of his wife’s prescribed pills; this led to the applicant being charged with taking a controlled substance not prescribed to him.  The applicant stated to remain on track to separate in line with his date of separation, he requested a discharge in lieu of trail by court martial.

The Board concluded that the applicant got what he asked for when he requested a discharge in lieu of  trial by court-martial. The medical advisory stated The presence of opiates in urine indicates exposure to opiates within 2-3days at 25ng/ml.  His levels were 600ng/ml and 321ng/ml which is evident that he had ingested more than one tablets as he stated in his appeal.  The board reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant any changes to the discharge.  

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” or “3K.”

CONCLUSION:  After a thorough review of the available evidence, to include the Applicant’s issues, summary of service, service/medical record entries, and discharge process, the Board found the discharge was proper and equitable.  Therefore, the awarded characterization of service shall remain “General,” the narrative reason for separation shall remain “Secretarial Authority,” and the reentry code shall remain “2B.”  The AFDRB results were approved by the board president on XX April 2023.  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  

Instructions on how to appeal an AFDRB decision can be found at 
https://afrbaportal.azurewebsites.us

Attachment:
Examiner's Brief (Applicant Only)