AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00519	
					
The applicant was discharged on 26 Apr 2010 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, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The board was conducted on 3 Nov 2020.  

The applicant was not represented by counsel.    

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference using VIDYO Cloud Connect between Joint Base Andrews, MD, and applicant’s home address on 3 Nov 2020.  A witness was 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 approve 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 Special Courts Martial.  His misconduct included:  on diverse occasions, wrongfully use Dextroamphetamine; wrongfully distributed Dextroamphetamine, wrongfully use oxycodone; wrongfully possess oxycodone; wrongfully distributed oxycodone; on diverse occasions wrongfully distrusted Fentanyl.

Due to evidence of post-traumatic stress disorder (PTSD), a traumatic brain injury (TBI) and mental health conditions 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.

Member states that at the time of his discharge, he had been the victim of a brutal gang initiation and over-prescription of medications. He states this led to a TBI, a broken jaw which required it to be wired shut to heal and the prescription of Fentanyl patches. He goes on to say that the use of these strong medications and subsequent over prescription of them and other narcotics by the squadron doctor were major contributors to the circumstances that led to his discharge.

 
CONCLUSION:  

The board found neither the evidence of record, nor that provided by the applicant substantiated any inequity.  However, sufficient evidence existed to convince the board the discharge was improper.  Therefore, the board determined the overall characterization of the applicant’s service was more accurately reflected by an Honorable discharge and the discharge narrative reason was more accurately described as “Secretarial Authority.”  Additionally, the reenlistment eligibility code was changed to “2C”. 

The DRB results were approved by the board president on 10 Nov 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)