AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00105	
					
GENERAL:  The applicant was discharged on 14 Nov 19 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 14 Apr 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 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 non-judicial punishment for wrongful use of marijuana. 

The applicant contended the discharge was improper because he was wrongfully accused of drug abuse, when he unknowingly ingested it.  The applicant states his wife was a daily tea drinker, and purchased some local tea products in Italy.  He insists that he unknowingly drank hemp tea and that led to a positive result for THC.  The applicant believes the response by his Commander that placed the responsibility on him to know what he is consuming, and to adjust to Italian culture was incorrect based on his innocent ingestion of the substance.  The member states despite multiple submissions by his lawyers, his leadership did not reply and he was subsequently discharged.  

The DRB reviewed the applicant’s entire record and took note of the applicant's duty performance as documented by his performance reports, awards and decorations, and other accomplishments.  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 understood the cultural aspect of the applicant’s spouse and her daily consumption of tea.  However, the board found the responsibility is on the military member to know what substances are ingested when consuming products in a foreign country, and concluded there was no evidence of impropriety or inequity to warrant any changes to the discharge.  

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 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)