AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2018-00281-2	
					
The applicant was discharged on 14 Feb 18 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 and a change to the discharge narrative reason.  The Board was conducted on 4 Aug 21.  

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 is 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), traumatic brain injury (TBI), and 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 to 2C / 3K.

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 one Summary Court Martial and one Letter of Reprimand.  His   misconduct included: cocaine use and sleeping on duty.
 
Due to evidence of PTSD and mental health conditions found in the applicant’s medical records, 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 contends his discharge should be upgraded due to PTSD and related mental health conditions which developed and were diagnosed during service. He contends inequity due to pervasive racism and discrimination that affected his ability to serve. He contends impropriety because he was denied his right to a medical exam pursuant to 10 U.S.C 1177 prior to being admin separated. He explains had he had this exam, there is substantial doubt his service characterization would be the same. He states prior to returning from deployment, he was a model Airman and served honorably. He explains he was compromised by multiple mental health conditions including PTSD, which the VA determined developed as a direct result of service; and the persistent racism he experienced while in the Air Force. Finally, he states he did not receive the required medical exam, prejudicing his discharge proceeding. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. To maintain mission effectiveness, the Air Force has a zero tolerance policy of zero tolerance for illegal drug use. The use of cocaine while on Active Duty cannot not be excused. Additionally, the board felt that the use of cocaine would be contradictory to the relief of symptoms the member contended he was experiencing. The Board noted the applicant did not provide sufficient evidence of racism he personally experienced and did not meet the burden of proof required to grant an upgrade in order to ensure fundamental fairness. Regarding the applicant’s medical clearance, the DRB located a signed and dated memorandum of medical clearance prior to separation, stating the applicant was cleared for separation by the attending physician.  In accordance with Department of Defense Issuance 1332.14, Enclosure 5, paragraph 9, an enlisted Service member will only receive a medical examination to assess whether the effects of PTSD or TBI constitutes matters in extenuation relating to the basis for administrative separation, if the member is being administratively separated under a characterization that is not either Honorable or General (Under Honorable Conditions).  In this case the applicant received a General characterization. The Board concluded that the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service, and a General service characterization was appropriate.

After a thorough review of the service treatment records and input from the Board’s psychiatrist / psychologist, the DRB found under Liberal consideration, the applicant did not meet his burden of proving his mental health condition outweighed his misconduct and subsequent discharge. Prior to his incident of cocaine use, the applicant received mental health treatment for deployment related issues. He benefitted from treatment resulting with symptoms reduction and stabilization leading to successful completion and termination of treatment. Around the time of his cocaine use, the applicant was not engaged in any mental health treatment as his treatment was terminated several months prior.  The applicant did not meet his burden of proof to demonstrate he was under acute distress, was depressed, had an anxiety attack, or experienced any respiratory issues that may cause him to use cocaine to cope. There is evidence in the records the applicant was given a diagnosis of PTSD caused by his deployment experiences but again, there is no evidence his PTSD or PTSD-like conditions caused his cocaine use. These are two mutually exclusive events according to the objective records. His records reveal his mental health condition had decompensated as a result of his drug use due to his legal issues concerning his Summary Court Martial. His mental health symptoms subsided once his Summary Court Martial had ended. The applicant was referred to the Medical Evaluation Board (MEB) and was being processed through the Disability Evaluation System (DES) for his physical conditions during the time of his cocaine use, however, he was not found to have any unfitting mental conditions impairing his abilities to perform military duties or function appropriately in a military setting. This information provides more support that no nexus existed between his mental health condition and misconduct/cocaine use. Therefore, there is no inequity or impropriety identified with his discharge process from service. 

The applicant and counsel submitted several examples of members that were granted relief with previous Discharge Review Board Decisions. The applicant contends that these cases are similar in nature to his case. The DRB reviewed each case on its own merit and distinguished those cases from the severity of the applicant’s case, which involved cocaine, a drug that is not legal for recreational use in any jurisdiction within the United States.  Furthermore, in each of the examples, the board determined that the mental health conditions mitigated the misconduct but in this case, they did not.  The cases the DRB reviewed were the following:

FD-2003-00262A – The applicant’s misconduct was minor and no drug use was involved. The mental health condition was a mitigating factor in the member’s misconduct.
FD-2012-00647 – The applicant’s misconduct was alcohol abuse and DUI. The member was diagnosed with PTSD in service as a result of 3 combat deployments and it was found that the mental health condition was a mitigating factor for the alcohol abuse. No drug use was involved. 
FD-2013-00241 – The applicant’s misconduct was disorderly conduct among other minor infractions. No drug use was involved. The board concluded that PTSD related to 3 deployments and several untimely deaths mitigated the member’s misconduct.
FD-2015-00274 – The applicant’s misconduct was minor and no drug use was involved. The board found that the member’s mental health condition was connected to the misconduct. 
FD-2016-00203 – The applicant was discharged due to alcohol rehab failure. Misuse of prescription drugs was involved but were not the reason for discharge. Through a diagnosis of PTSD and evidence supplied by the applicant, the board determined that the mental health condition significantly contributed to the rehabilitation failure.  
FD-2016-00423 – The applicant’s misconduct were minor infractions. No drug use was involved. Due to a diagnosis of PTSD and evidence of personal problems, discrimination, and sexual harassment, the board found the applicants discharge was inequitable.
FD-2016-00425 – The applicant’s misconduct included use of marijuana and DUI. The board found that the applicant’s PTSD was a mitigating factor to the alcohol and drug use.
FD-2015-00430 – The applicant’s misconduct was use of marijuana. The board found substantial evidence that ineffective results of medication for severe and ongoing condition resulted in self-medication and therefore mitigated the use.

CONCLUSION:  
The Board found insufficient evidence to warrant a change to the applicant’s discharge.  In accordance with the policy memorandum for Secretaries of the Military Department, issued on 25 August 2017 (commonly referred to as the “Kurta Memo”), Liberal Consideration does not mandate an upgrade.  In summary, the DRB did not believe the applicant’s misconduct was minor, as such did not grant relief.  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 21 Sep 21.  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)