AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2020-00765	
					
The applicant was discharged on 9 Jan 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.  The board was conducted on 25 Feb 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 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. 
  
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 an Article 15. His misconduct included:  Wrongful use of hydrocodone.

The applicant and counsel contend impropriety and inequity. Regarding the Drug abuse. They explain that while in tech school, he was offered something that was “like Advil” that would alleviate his headache. The member acknowledged that the meds were in an orange prescription bottle that was prescribed to the individual he received it from. The member stated that after testing positive in urinalysis, he got rid of the meds and denied any history of illicit or illegal drug use. The member and counsel state that there was a material error of discretion regarding the discharge when they did not make and adequate effort to provide a full, fair and impartial consideration related to the urinalysis. They state that the command misinterpreted the seven waiver factors and that he should have been eligible for the waiver. 
Regarding the medical issue. They explain that he reported having knee pain and it had been ongoing for 3 weeks and would get worse during running. He was ordered to have x-rays completed and follow up. Once completed, they state that the results indicated no acute findings and he was subsequently cleared by the doctor.  Approximately 3 months later the member was seen for a follow up and he stated that the pain worsened and was still increasing with activity. The physician determined that the condition existed prior to service and had it been known, he would not likely have been allowed to enter service. They state that a waiver was requested but it was denied and the member was recommended for discharge. The member and counsel state that there was a material error in discharging the member on a basis for erroneous enlistment and then failing to provide a waiver of discharge for erroneous enlistment. They explain that the member does not meet the 3 elements required to be subjected to discharge for erroneous enlistment. They also state that the member does not meet the criteria for a disqualifying condition per the DODI. They explain that for lower extremities, the conditions disqualifying are limitation of joint motion, foot and ankle condition, chronic foot, leg, knee and hip conditions. They state that his pain must be chronic and there is no evidence or finding in the medical records that he experience chronic knee pain. They continue to say that there is also no evidence of a condition that would prevent him from a physically active life or with completing his military training. The member stated that as of September 2019 he has not experience any pain. They state that the member’s knee pain no longer existed and secondly, the defect is one that could have been waived. 
The member and counsel contend that the discharge was unduly harsh considering the urinalysis result never impacted his performance. They state that there was no history of bad conduct during his time. They explain that the case does not fit the definition of a General discharge. The member and counsel conclude that the behavior was minimal compared to the discharge received. They state that he would not have been separated, had the drug abuse waiver criteria been properly applied. 

The DRB reviewed the applicant’s entire service record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. 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.
 
If the applicant can provide additional information to substantiate his contentions, the board recommends he exercise the right to make a personal appearance before the DRB or directly appeal the DRB’s decision to the Air Force Board for Correction of Military Records.  

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 3 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)