AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL DOCUMENT  
	CASE NUMBER

FD-2021-00090	
					
The applicant was discharged on 20 Mar 18 in accordance with AFI 36-3208 with a General discharge for Misconduct (Drug Abuse).  The applicant appealed for an upgrade of her discharge characterization to Honorable, a change to the discharge narrative reason, and a change to the reenlistment eligibility code.  The Board was conducted on 13 May 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 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 possess marijuana; violated lawful order to refrain from contacting spouse.

The applicant states that she was discharge from service after being held responsible for the actions of her former spouse. She explains that there were multiple incidents, some that took place without her knowledge, before marriage that proved her former spouse was not someone who could be controlled. Requests made by her to her former spouse were responded to with violence, including the request to not use illegal substances. The incident that led to her discharge was an act of self-defense. She explains that the neighbors alerted authorities after witnessing an altercation between her and former spouse; and when the home was searched, evidence of drug use was found. She states that she was not charged with any crime and all drug tests conducted before and during service were all passed. The member explains that she was a victim of domestic abuse. During their marriage, she states that she feared for her safety as well as the safety of her child. She states she suffered through physical and verbal abuse which caused her to be afraid of his retaliation had she spoken up against him so she didn’t feel comfortable speaking to leadership. She states that they were given the option to take courses to better her marriage but she was the only one to attend and complete the course. She states that despite him being reprimanded by local authorities and military personnel, he continued to go against standards. The member contends that it would be inequitable to expect a victim of domestic abuse to be able to control the actions of their abuser, who refused to comply with regulations. The applicant concludes that she would like to further her education but the lack of the GI Bill to help her financially is an obstacle.

The DRB reviewed the applicant’s entire service record and found insufficient evidence to grant the applicant’s request.  The Board found the negative aspects of the applicant’s willful misconduct outweighed the positive aspects of her military service. There is no evidence to suggest the applicant had any mental health conditions that caused, mitigated her misconduct or would have impaired her ability to understand the Air Force’s drug use/abuse policy that lead to her discharge. It reviewed the applicant’s entire service record and found no evidence of impropriety or inequity. The Board understood the applicant’s present service characterization renders her ineligible for Department of Veterans Affairs education benefits.  However, this is not a matter of inequity or impropriety which would warrant an upgrade. 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.  Furthermore, the Board found inconsistencies between the contentions submitted by the applicant and the documentation reflected in her record regarding the alleged domestic abuse.  The applicant did not provide sufficient evidence to substantiate her claims that her experience of domestic violence caused a mental health condition or that her experience of domestic violence caused her misconduct leading to her discharge.  

If the applicant can provide additional information to substantiate her contentions, the Board recommends she 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 her request was not approved. 

The DRB results were approved by the board president on 14 May 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)