AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2021-00541	
					
The applicant was discharged on 17 June 2021 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 24 January 2022.

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 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. 
  
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.

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 a Letter of Reprimand for illegal drug possession.    

The applicant contended the discharge was inequitable and improper because the drugs he had in his possession were not his and he told his commander that they belonged to someone else.  He claimed he was worried about his career and attempted to hide the evidence.  Furthermore, he claimed he was not administered a drug test.

A review of the record revealed the applicant was pulled over by local police for speeding.  During the traffic stop the police discovered he had pills in his possession that tested positive for Oxycodone.  The police report indicated the applicant admitted to the responding officer that he did not have a prescription for the pills and that he had purchased them downtown.  In his response to the Letter of Reprimand the applicant contended the drugs did not belong to him and they were left in his vehicle by a female acquaintance.     

After reviewing the service record, the board determined the applicant was in possession of a controlled substance without an authorized reason and there was no objective evidence to support the applicant’s claim that the drugs belonged to anyone else.  Therefore, the Board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service.  

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 28 January 2022.  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)