AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00327	
					
The applicant was discharged on 17 Jul 2014 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 18 Jun 2020.

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/ 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 4 to 1 to approve the applicant’s request to upgrade his discharge characterization to Honorable and to change the discharge narrative reason to “Secretarial Authority.”

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 two Article 15s and one vacation of suspended nonjudicial punishment for wrongful use of marijuana.

Due to evidence of post-traumatic stress disorder (PTSD) 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 sought medical assistance for mental health problems and claims the assistance was inadequate.  He further contends that he was told by superiors and medical staff that he would not receive any treatment for PTSD while in the Air Force, and that he could not voluntarily separate to receive treatment.  Therefore, he claims he self-medicated with marijuana to help his PTSD symptoms.  The record indicates that the applicant was discharged in July 2014 for Misconduct - Drug Abuse after he received punishment, for a second time, under Article 15, UCMJ, for violation of Article 112a, UCMJ, wrongful use of marijuana.  A review of the applicant’s medical record revealed he began receiving mental health treatment services in January 2014 due to deployment related issues.  He also reported having work-stress related anxiety and low mood and he received regular psychotherapy and psychiatry for his symptoms.  He also command referred to ADAPT due to having a positive urinalysis for marijuana and his evaluation reported he had been drinking heavily for nearly 2 years to cope with knee pain and PTSD because he was not prescribed effective medication.  It was also reported that he smoked marijuana to cope with his symptoms.  The applicant continued to receive ADAPT and mental health treatment until he was discharged from service.  A review of his records found sufficient evidence to corroborate his personal statement that his mental health condition caused him to use marijuana in order to cope with his symptoms which effectively led to his discharge from service.  
 
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 and the discharge narrative reason was more accurately described as “Secretarial Authority.”  The board did not change the reenlistment eligibility code.    

The DRB results were approved by the board president on 23 Jun 2020.  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)