AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00026	
					
The applicant was discharged on 22 Aug 19 in accordance with AFI 36-3208/ with a General / Under Other Than Honorable Conditions for Misconduct (drug abuse). The applicant appealed for an upgrade of her a change to the discharge narrative reason.  The board was conducted on 18 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.    

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 her 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. Her misconduct included: wrongfully using marijuana.  

That applicant is requesting a change to her narrative reason for separation. Member claims that commander recommended she receive Under Honorable Conditions discharge based on drug abuse.  She states that she understands the basis of discharge for drug abuse; however, at the time of alleged drug abuse, she was unaware of the contents of the vape pen she used.  She claims that she was unaware that the vape pen contained marijuana and therefore had no intent to illegally, improperly, or wrongfully use it. 
The member claims that was the first time she had ever used an illegal substance before entering the military. She states that the incident resulted from her being around peers who did not tell her that they were actively using marijuana.  She claims that the conduct should meet the criteria of the experimentation factor.  She states that she has not used marijuana since then and does not desire to engage in the use of marijuana anymore. She states that she does not associate with those peers that provide her with marijuana. She states that she has maintained good standing in the Air Force and has had no other disciplinary instances before this. She states the Air Force's continued presence is consistent with maintaining good order and discipline because she did the right thing and tried to get help.  She states that if someone asked her what happened, she could tell them that she unwittingly used marijuana and the Air Force helped her because she told them what happened. She finally claims that this incident did not involve the distribution of any drugs.

The applicant contended her one-time use of (marijuana) did not warrant a General discharge.  After reviewing the service record, the DRB found no evidence to indicate the applicant was unaware of the Air Force policy of zero tolerance for illegal drug use.  The DRB took note of the applicant's duty performance as documented by her performance reports, awards and decorations, and other accomplishments.  It found the seriousness of the applicant’s willful misconduct offset the positive aspects of her 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 her request was not approved. 

The DRB results were approved by the board president on 24 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)