AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00373	
					
The applicant was discharged on 11 Sep 2006 in accordance with AFI 36-3208 with an Under Other Than Honorable Conditions discharge for Misconduct.  The applicant appealed for an upgrade of his discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The board was conducted on 29 Sep 2020.  

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference using VIDYO Cloud Connect between Joint Base Andrews, MD, and applicant’s and counsel’s locations on 29 Sep 2020.  No witnesses were present and testified on the applicant’s behalf.  

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.  

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 contended, through counsel, his discharge was inequitable and improper.  He asserted his board hearing waiver was not a knowing and intelligent waiver of his right to a separation board which deprived him of due process protections.  He further asserted he was suffering from depression and anxiety at the time of the misconduct and his overall service record at the time of separation, and his conduct post discharge, is deserving of an honorable service characterization.

A review of the military record revealed the applicant had two positive urinalysis tests for cocaine.  He was found guilty of cocaine use at a summary court-martial.  Administrative discharge action was initiated and a UOTHC characterization was recommended, entitling the applicant to a board hearing.  The applicant subsequently waived his right to the board hearing.  The DRB determined the applicant’s contentions were without merit.  After a thorough review of the service record the DRB found that the applicant’s mental health condition was the result of childhood trauma and was not aggravated by his military service, therefore liberal consideration under 10 USC § 1553 does not apply.

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 9 Oct 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)