AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

 FD-2020-00749	
					
The applicant was discharged on 3 Jun 20 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 9 Mar 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 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 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 a Letter of Reprimand.  His misconduct included:  Wrongful use and possession of marijuana. 

Due to evidence of 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.

The applicant states he was discharged after confessing that he’d tried marijuana and had gotten a ticket for possession. He states that he’d been suffering from severe anxiety and turned to marijuana in a moment of weakness in an attempt to self-medicate. He states that during urinalysis, he only had a trace amount of THC, proving that it wasn’t a habit. The applicant claims he was told the amount was so low that he couldn’t get an Article 15. The member contends that leadership’s actions were far more harsh than normal and he doesn’t think he was given full due process. The member states that he only had a phone conversation with counsel and was told not to bother fighting as he couldn’t win. He states that he’s never had any other disciplinary actions before the incident. The applicant states that because of his discharge narrative reason, he can’t get a job and have become homeless. The member concludes that he was trying to serve with integrity while dealing with a mental health condition and in return was punished harshly in a way that will affect him for the rest of his life.
The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. It found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of his military service. The characterization of the discharge received by the applicant was deemed to be appropriate.
 
After a thorough review of the service record and inputs from the board’s psychiatrist/ psychologist, the DRB found no conclusive indication that any mental health issues had a direct impact on the applicant's misconduct or discharge.

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 17 Mar 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  

Attachment:
Examiner's Brief (Applicant Only)